Research On The Issue Of Evidence Consent Under The Plea Leniency System

As criminal reconciliation,expedited criminal adjudication,and plea leniency systems are gradually absorbed into criminal procedure legislation,the common premise is that criminal suspects and defendants admit guilt and repent.The so-called confession of guilt means that the prosecuted party voluntarily and truthfully confesses its crime in defense of guilt,and the confession and other evidence related to it can be regarded as the agreement of evidence formed by the prosecution and defense,specifically the agreement of the object of proof.This agreement will lead to a reduction in the difficulty of proving the facts of the case and the simplification of the litigation procedures,and in our country,if the prosecuted party admits punishment while admitting guilt,it will obtain statutory leniency in criminal punishment.So to speak,as well the set up of the leniency system for admitting guilt and accepting punishment,consensuality has penetrated into litigation procedures and proof procedures,and has already established an institutional basis for studying the issue of consensuality of evidence.At present,a systematic theoretical paradigm has not yet been formed on the consensuality of evidence in the field of criminal prosecution,and through the study of the issue of consensuality of evidence,new ideas can be provided for the optimization of the plea leniency system.As the foundation and soul of criminal proceedings,evidence adjudication principle is the core principle of the modern judicial evidence system,and the consensuality of evidence can also be called the key to the operation of the plea system.The core of "admitting guilt and accepting punishment" lies in "admitting guilt",because the essence of "admitting guilt" is to express the unanimous intention formed on the evidence,and on this basis can a simplification of procedures be formed and the efficiency of litigation can be improved.Therefore,only by improving the satisfactory quality of evidence can we ensure that the plea system does not favor fairness while pursuing efficiency.The first part is a summary of the consent of evidence under the leniency system of admitting guilt and accepting punishment,and theoretically sorts out the consent of criminal evidence from four dimensions: the conceptual characteristics of the consent of evidence,the relevant analysis,the scope of the consent,and the elements of effectiveness.The second part expounds the theoretical basis for the consensuality of evidence under the plea leniency system.It includes the theory of balance of interests,the theory of deliberative justice,the theory of procedural subjects,the theory of litigation efficiency,and the theory of free proof.The above theories play a supporting role in the construction of the evidence desirability mechanism from different angles,and together constitute the theoretical foundation system of the evidence desirability mechanism.The third part examines the relevant systems for the consensual consent of extraterritorial criminal evidence.From the perspective of the scope of evidence consensuality and the safeguard measures for the consensual consent of evidence,first of all,in the institutional form of the consensual scope of evidence: the extraterritorial consent search and consent inspection system is introduced in terms of the consensual method of evidence collection;in terms of the consensuality of evidentiary capacity,it mainly introduces the practice of re-giving the extraterritorial ability of evidence excluded by the rule of hearsay evidence and the rule of illegal evidence;in terms of the consensuality of the evidentiary method,it is mainly manifested in the introduction of exceptions for extraterritorial witnesses to appear in court.In terms of the consent of the object of proof,the consent of the object of proof is premised on the guilty plea,typical of which includes the introduction of the extraterritorial plea bargaining system and the German plea negotiation system.Secondly,in terms of safeguard measures for the consent of extraterritorial evidence,the author summarizes its institutional forms into three ways from regulating the rights or behaviors of the prosecuting party,protecting the rights of the prosecuted party,and strengthening judicial review,and introduces them separately.The fourth part sorts out and analyzes the current situation and problems of evidence satisfaction in China under the plea leniency system.The analysis of the current situation and problems is also based on the scope of evidence consensuality and safeguard measures,and makes specific comments on the methods,evidentiary capabilities,evidentiary methods,objects of proof and safeguard measures of China’s evidence consensuality under the circumstances of admitting guilt and accepting punishment,and believes that at this stage,there are two major problems in China’s evidence consensuality: the scope of evidence consensual is small and the safeguard measures are insufficient.A detailed analysis of the problem was carried out.Part Ⅴ proposes to improve countermeasures to the evidence consensual mechanism under the plea leniency system.It is discussed from three aspects:standardizing and improving the preconditions for the consensual application of evidence,expanding and improving the scope of consensual evidence,and constructing and improving safeguard measures for consensual evidence.It is held that,in terms of the preconditions for the consensual application of evidence,the prosecuting party shall not initiate an invitation to the prosecuted party to consensual evidence when the authenticity of the convicted evidence is in doubt;in terms of the scope of the consensuality of evidence,the consensual scope of the method of evidence is increased,the system of consent to search and consent inspection is added,and the right to apply for appraisal is granted to the defendant in the consensual mechanism of the evidentiary method;in terms of safeguard measures for the consensuality of evidence,from the three angles of standardizing the powers or behavior of the prosecuting party,protecting the rights of the prosecuted party,and improving the judicial review of the consensuality of evidence,Suggestions were put forward on the construction and improvement of safeguard measures for evidence consensuality in China.