The Dilemma and Improvement of"Voluntariness"Guarantees in Cases of Guilty Plea
The revised criminal procedure law of 2018 formally established the system of leniency for guilty plea in our country.However,there are still many problems in the judicial practice,such as the lack of protection of the rights of the accused,the lack of the duty lawyer and the limitation of the accused's right of appeal.These problems collectively lead to the lack of"voluntary"protection in cases of confession and punish-ment,and the accused cannot make the choice to give up their rights based on"voluntary"in cases of con-fession and punishment.In criminal proceedings,it is necessary to improve the procedures for informing the rights of the accused,implement the system of on duty lawyers,and safeguard the right of appeal of the accused to voluntarily plead guilty and serve the sentence in cases of confession and punishment,so as to effectively protect the legal rights and interests of the accused and promote the legitimacy construc-tion of the confession and punishment system.
leniency in guilty pleavoluntarinessprotection of rightsprosecution and defense negotiation