A Study on the Rationality of the Plea of Not Guilty After Pleading Guilty and Accepting Punishment

Abstract

Although the leniency mechanism has been formally established as a legal mechanism, it needs to be improved gradually in the concrete implementation. At the moment, the criminal procedure requires that counsel be independent of counsel, so even if the victim pleads guilty in court, in principle, counsel may still insist on an acquittal. But from the point of view of judicial practice, people can still see a lot of the opposite of the two, and to squeeze the right to defense lawyers. (Gao, J.) in such circumstances, it is necessary to reconsider the question of whether an innocent plea can still be obtained after the accused has confessed his guilt and given a punishment, on the basis of a more precise and clear basic logic that a guilty plea can be given leniency, it is of great significance to examine the error of law practice. Judging from the research results at this stage, the rationality of the plea of not guilty after confession and punishment is mainly reflected in the following three aspects: the Balance and connection between the overall efficiency and the fairness of individual cases, the difficulties and solutions of the identification of form and substance, and the construction of the standard system of transparent and unified leniency. On the basis of a deep understanding of the connotation of the leniency system, the applicable standards of the leniency system are gradually improved to promote the level of judicial protection in Living Up.