Study On The Protection Of Voluntary Problem In The Leniency System Of Confession And Punishment

In recent years,the structure of criminal crimes in China has undergone a major transformation,with the number of serious violent crimes such as robbery and homicide showing a significant downward trend and the number of misdemeanor cases such as drunk driving rising sharply,making the establishment of a mechanism to divide cases into simple and complicated cases an urgent need for judicial reform in China.Based on the above background,China has been running a pilot plea leniency system in some cities since 2016.After seven years,with the joint efforts of many scholars and practitioners in academia,China’s plea leniency system has undergone a process from partial pilot to formal establishment and then to continuous improvement of specific rules.However,as a new legal system,the current plea system still has a lot of urgent need for improvement,the most important concern is how to ensure that the prosecution to make the decision to plead guilty and punish is based on voluntary meaning.On the basis of defining the concept of voluntariness of the pursued person,this paper points out the real problems of the voluntary protection of the pursued person in China’s judicial practice,draws on the content of the voluntary protection in foreign systems from the perspective of comparative law,and puts forward practical and feasible measures to build and improve the voluntary protection system in line with China’s national conditions under the premise of combining the actual judicial situation.The paper is divided into four parts:The first part clarifies the core concept of the voluntariness of the pursued person from the theoretical level.Firstly,it clarifies the connotation of the voluntariness of the pursued person;secondly,it clarifies the components of voluntariness;finally,it points out the importance of guaranteeing voluntariness.The second part analyzes the current situation of the voluntary guarantee of the pursued person in China’s judicial practice.On the one hand,it introduces the relevant legal norms of the voluntary guarantee of the pursued person,and on the other hand,it elaborates and analyzes the real problems of the voluntary guarantee of the pursued person in judicial practice.The third part introduces and analyzes the contents of the criminal procedure systems in the United States,the United Kingdom and Germany on the voluntary guarantee of the pursued person from the perspective of comparative law,with a view to providing useful inspiration and reference value for improving the voluntary guarantee of the pursued person in China.The fourth part,based on the actual judicial situation in China,draws on the beneficial results of the relevant systems in foreign countries and puts forward targeted suggestions and improvement measures for the shortcomings of the current voluntary guarantee system,including guaranteeing the right to information of the pursued person,ensuring that the pursued person receives effective legal assistance from the duty lawyer,improving the mechanism of negotiation between the prosecution and the defense,sound voluntary review mechanism,and establish a reasonable mechanism for the accused to exercise their right of estoppel.