A Voluntary Jurisprudence Study Of The Accused In Plea Of Guilt And Leniency

In 2018,the introduction of the “Criminal Procedure Law”,the inspiration and summary of the preliminary pilot provided an important reference and clearly put forward the leniency system of plead guilty and accept punishment.This major change has significantly impacted the development of China’s judicial system.Through the implementation of the system,it is possible to implement severe punishment for violations in a faster manner while also better safeguarding the basic human rights of citizens,optimizing the allocation of judicial resources,alleviating social conflicts,and promoting social harmony.However,it is not enough to just rely on the law;the real law depends on implementing the practice.Several problems have emerged in practice,and these problems need to be further addressed to achieve better results.One of the key issues in the current reform of China’s judicial field is the improvement of the leniency system of plead guilty and accept punishment.While doing a good job of the pilot,it is more important to play the role of the original intention of this system in judicial practice.To truly achieve the implementation of the plea system is conducive to implementing the criminal policy of leniency and severity and strengthens the basic principle of “the state respects and protects human rights” as stipulated in the Constitution.The key point for better protection of human rights in the judicial field is to carefully solve the problem of the voluntary plea of the accused because the voluntary plea of the accused is the optimal solution for the problems in this system,such as the right of defense of the lawyer and the right of withdrawal of the accused,etc.Only when the problem of the voluntary plea of guilty and punishment of the accused is solved will the system have its inherent vitality.This paper mainly contains the following contents: the introduction contains the research background of the selected topic and the significance of the investigation,the current situation of domestic and foreign research,the research method,and the innovation point of this paper.The background of the selected topic explains the premise of China’s national conditions in the construction of the rule of law,in which the development of a leniency system of plead guilty and accept punishment,especially in the implementation of the rule of law,has achieved a very good response,but the life of the law lies in practice and in practice to find problems and timely improvement.In this system,especially the voluntariness of the accused is the core key,but the judicial practice has not yet fully realized the voluntariness of the accused under this background to develop the discussion.The significance of this paper is divided into theoretical significance and practical significance,and these two aspects are elaborated on.The part of domestic and foreign research status is searched on the website by using the topic of this paper as keywords,and all the articles contained in the problem are summarized,concluded,and analyzed.The research methods are presented in this paper,including literature research,value analysis,exploratory research,and functional analysis.The innovation of this paper is the jurisprudential study of the voluntary nature of the pursued person in the leniency system on the basis of procedural law,which is different from the traditional response-based procedural law research path.At the same time,in the academic community,the procedural law of jurisprudence research is relatively small.Hope to study the problem from the jurisprudence point of view,the purpose is to find out the real need to solve the problem and the key to solving the problem,more expected in the application of the rule of law of the leniency system of plead guilty and accept punishment to the prosecution of the voluntary jurisprudence research to contribute to some modest efforts.The shortcomings of this paper include but are not limited to the author’s own theoretical literacy,writing skills,and a certain lack,and the article is slightly inferior.Among them,the structural logic and main contents of this paper are briefly described as follows: the first part is the introduction,which contains several major parts.It includes the content of the study,the methodology of the study and the innovation point of the presentation,etc.The second part is the analysis of the theory underlying the leniency system of plead guilty and accept punishment.It mainly focuses on the origins and prospects of the leniency system of plead guilty and accept punishment itself and the voluntariness of the pursued person in the system.The discussion of the shackles of the real development of the leniency system of plead guilty and accept punishment and the investigation of the voluntariness of the prosecuted in the system.In the third part: the basic scope of voluntariness in the leniency system of plead guilty and accept punishment is studied,especially the meaning of voluntariness,and the elements of the composition of the jurisprudence,in order to expand new ideas through the analysis of voluntariness.The fourth part: discusses the expression of the voluntariness of the prosecuted person in the leniency system of plead guilty and accept punishment.The fifth part: the future direction of the jurisprudence of the voluntariness of the pursued person in the leniency system of plead guilty and accept punishment,is prospected,and it is expected that the voluntariness will be extended in legal depth and breadth in the basic jurisprudence.Conclusion: To conclude this paper,to express the attitude towards the voluntariness of the prosecuted in the leniency system of plead guilty and accept punishment,and to state the expectation of this paper.