Confirmation and Review:The Dual Structure of Court Trial Functions in Cases Involving Pleading Guilty and Accepting Punishment——An Extension Based on the"Expected Trial Outcomes"Theory
Since the establishment of the System of Pleading Guilty and Accepting Punishments with Leniency in the Criminal Procedure Law in 2018,a significant issue in judicial practice has been determining the appropriate function of court trials in cases involving pleading guilty and accepting punishment to meet the requirements of fairness and efficiency,particularly in minor offens-es with undisputed facts.Currently,the court trials for such cases have not fully realized their potential functions,manifesting in a certain degree of superficiality and formalism.Given the predictable nature of outcomes in such cases,the trial functions present a dual structure:first,the confirmation of the facts of the case,and second,the review of the"four characteristics,"namely the volun-tariness,awareness,legality,and authenticity.Therefore,it is essential to further clarify the methods and standards for confirming facts in minor offense cases,to consider the Guilty Plead Record,the Opinions Hearing Record,and the Social Investigation and As-sessment Report as specific objects of voluntariness review,and to establish simplified rules for court procedures such as"question-and-answer inquiries,"thereby ensuring the procedural fairness of cases involving pleading guilty and accepting punishment.
pleading guilty and accepting punishmentfunction of court trialsconfirmation of factsreview of voluntariness
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