Research on the Voluntary Guarantee of Leniency System for Confession And Punishment

Sunya Wei

doi:10.54691/qxmpxh21

Authors

Sunya Wei

DOI:

https://doi.org/10.54691/qxmpxh21

Keywords:

Leniency system for confession and punishment; Inherent criminal procedural rights; Heavy punishment for serious crimes; The game of argumentation and communication.

Abstract

Taking the voluntary guarantee of the leniency system for confession and punishment in China as the starting point, this article summarizes the nature, role, and characteristics of the leniency system for confession and punishment, introduces the current regulations and mechanisms of the voluntary guarantee of the leniency system for confession and punishment, lists the problems of legislative deficiencies, the need to reconcile the conflict between freedom and selectivity and the inherent remedial nature of criminal litigation rights, the challenges faced by voluntary guarantee in serious and severe criminal cases, the difficulties in balancing effective voluntary guarantee and accurate attitude characterization in lengthy criminal proceedings, and analyzes the causes one by one. It proposes to explore the establishment of new mechanisms at the legislative level, innovate case handling ideas, diversify the improvement of voluntary confession and punishment guarantee mechanisms in serious and severe criminal cases, and timely review and supervision in lengthy criminal proceedings. Solution measures.

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