| The leniency of confession and punishment is an important part of China’s judicial reform,and the reason for efficiently promoting this systems that it can improve litigation efficiency and save case handling resources.The pursuit of efficiency and fairness in criminal litigation isindispensable in this reform,but the conflict between the two has already existed in criminal litigation.Therefore,there is a possibility of inducing erroneous cases at the beginning of the reform.The emergence of wrongful cases will lead to the investment of more manpower,material resources,and time,which not only makes it difficult to improve litigation efficiency,but also causes a great waste of judicial resources,making it difficult to achieve the purpose of establishing the system.The prevention and even elimination of wrongful cases are the foundation of this system.Once the bottom line is broken,the foundation may be shaken,even reducing judicial credibility and reducing judicial authority.Therefore,as an important component of the leniency system for confession and punishment,the sound and perfect prevention system for wrongful cases can ensure the effective application and value realization of this system.The leniency system for confession and punishment was established in the revision of China’s Criminal Procedure Law in 2018.The following year,the Supreme People’s Procuratorate,in conjunction with the Ministry of Public Security and other departments,issued guidance on the application of this system,providing principles for its specific application in practice,and refining the protection of the rights and interests of the parties involved.Based on sample analysis of guilty plea cases in criminal litigation in recent years,we can first obtain the general pattern of wrongful cases in China,including changes in the rate of wrongful cases,the distribution of wrongful cases,and the main causes of wrongful cases.Secondly,through text analysis of the Criminal Procedure Law and guidance opinions,combined with specific cases,it was found that there are the following shortcomings in China’s system of leniency and misjudgment prevention,including the lack of the defendant’s right to silence,the deficiency of the defendant’s right to know evidence,the absence of the lawyer’s right to assist,and the lack of voluntary review of confession and punishment.Once again,compare the error prevention systems in relevant extraterritorial systems,including similar systems such as the plea bargaining system in the United States,Criminal Consultation System in German and the plea bargaining procedure in France,in order to draw useful experience.Finally,based on the above,the following suggestions are put forward for improving the prevention system of wrongful cases in China,which includes leniency in confession and punishment: firstly,granting defendants the right to remain silent to prevent them from being forced to confess;The second is to establish anevidence disclosure system,fill in the shortcomings of the grading system,and ensure the voluntary nature of confession and punishment;Thirdly,establish an effective assistance mechanism for lawyers to safeguard the legitimate rights and interests of defendants in pleading guilty and punishing them;The fourth is to improve the voluntary review mechanism for confession and punishment,from a subjective and objective perspective,to ensure the voluntary authenticity of confession and punishment. |
