Research On The Right Of The Accused To Repent In The System Of Confession And Lenienc

The system of leniency on admission of guilty and acceptance of punishment was officially written into the newly revised Criminal Procedure Law of the People’s Republic of China in 2018,and the system of plea bargaining began to emerge in China’s judicial system.The system features of quick conviction and rapid judgment can effectively improve judicial efficiency,rationally allocate judicial resources,reduce the pressure on case-handling personnel and effectively solve the problem of backlog of cases.However,in the process of all-round implementation of the system of leniency on admission of guilty and acceptance of punishment,since the law does not clearly define the right of retraction,it will fall into the dilemma of lack of unified standards and “no law to abide by” when dealing with cases of retraction,resulting in the inability to protect the rights and interests of the accused who have repented;There have also been cases where the accused abuse the right of retraction for various reasons and cannot be restricted.The right of retraction,as an effective relief measure to ensure the voluntariness of admission of guilty and acceptance of punishment of the accused,has not been paid enough attention.At present,only some regions have formulated detailed implementation rules according to the needs,which lacks the authority of the law.The core issue of this paper is carried out from two aspects.On the one hand,the right of retraction,as the defense shield against the voluntariness of admission of guilty and acceptance of punishment,as well as against the autonomy of procedural choice of the accused,has its own legitimacy.It is necessary to endow the accused with the right of retraction at the legal level.The purpose is to protect the legitimate rights and interests of the accused,to prevent malicious aggravation of the punishment on the accused,to clarify the procedures for exercising the right of retraction,and to ensure that the confession made at the time of retraction will not be used as the basis for finalizing the case.On the other hand,the right of retraction should also be reasonably restricted while being protected,so as to prevent the abuse of the right of retraction from reducing judicial efficiency and causing litigation fatigue.Therefore,on the basis of drawing lessons from the advanced experience of extraterritorial(regional)similar systems,it is necessary to formulate the ways of exercising the right of retraction,the criteria of the exercising subject and the reasons for retraction,etc.according to the different stages of the proceedings.Finally,through perfecting the related supporting mechanisms of the system of leniency on admission of guilty and acceptance of punishment,such as the notification procedure of the right to retraction,voluntary review,etc.the goal of reducing the retraction rate and helping the system of leniency on admission of guilty and acceptance of punishment to be implemented smoothly is achieved.