| The system of leniency in guilty plea is a new scheme to improve the efficiency of criminal judicature and criminal management.Its theoretical basis is consultative judicial idea,which aims to realize fast handling of criminal cases through prosecution and debate consultation and improve the efficiency of utilizing judicial resources effectively.However,due to the possibility of new evidence,changes in the cognitive state of the accused,adjustment of sentencing suggestions and other circumstances in the process of prosecution,the result of guilty plea formed in the negotiation of prosecution and defense cannot be unchanged.Therefore,it is necessary to give the accused the right to regret.Due to the lack of necessary and reasonable restriction on the right to regret in our current criminal judicial system,the duty lawyer is difficult to provide an effective defense in the process of prosecution and debate consultation,the procuratorial organ power exercise mechanism is not perfect and the trial organ to the prosecution and debate consultation review mechanism presented the characteristics of formal,the phenomenon of the accused person’s remorse frequently appears.Subsequently,a series of legal consequences such as the judicial organ’s evaluation of the contrite behavior of the accused,the re-examination and investigation of the evidence,and the adjustment and application of the criminal procedure are triggered,which lead to frequent rotation of the lenient procedure of guilty plea and punishment,and affect the realization of the efficiency of criminal justice.In order to make up for the deficiency of the system related to the right of repentance of the accused,reasonable restrictions on the exercise of the right of repentance of the accused should be added,the effective defense mechanism of duty lawyers should be perfected,the power exercise mechanism of procuratorial organs in the process of prosecution and defense consultation should be perfected,and the review mechanism of the judicial organs on prosecution and defense consultation should be optimized,so as to promote the optimization of the practical rationality of the system of leniency of guilty plea and punishment. |
