The Justification and Protection of the Right of Rescission of the Accused Person to Confess Crime and Punishment
The right of rescission aims to provide the defendant with an opportunity to eliminate the legal effect of the agreement of prosecution and defense according to his unilateral will. The scope of its protection includes both substantive and procedural dimensions,and appeal is an important way of its behavior. The right of rescission has a deep constitutional foundation,embodies the litigation values of "justice first,highlighting efficiency",and is the key to ensure the rational and voluntary punishment of guilty plea. In the future,we should construct the guarantee standard of rescission from three angles:substantive law,procedural law and evidence law. In the construction of restrictive norms,we should focus on applying the principle of proportionality to examine its constitutionality. Specifically,we can use the "reverse exclusion mode" to summarize the appeals with the nature of right abuse and take it as the identification standard of the abuse of the right of rescission,so as to set up a quick processing mechanism for the second instance of such appeals without comprehensive review.
right of rescissionthe system of pleading guilty and accepting punishmentright of appealvoluntariness
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