Journal of Chaohu University ›› 2020, Vol. 22 ›› Issue (2): 56-61.doi: 10.12152/j.issn.1672-2868.2020.02.008

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On the Protection of the Prosecuted Person’s Right to Knowing in the Leniency System for Confession and Punishment

WANG Meng,Law School, Anhui University   

  1. Law School, Anhui University
  • Received:2019-11-21 Online:2020-03-25 Published:2020-06-14
  • Contact: WANG Meng:Law School, Anhui University
  • About author:WANG Meng:Law School, Anhui University
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Abstract: The leniency system of admission of guilt and punishment is established on the basis of voluntary admission of guilt and punishment. Strengthening the protection of the prosecuted person忆s right to know all is of great practical significance for guaranteeing the voluntary nature of confession and punishment, regulating the behavior of prosecution organs and realizing the goal of judicial protection of human rights. In practice, it is difficult for the accused to effectively protect his right of disclosure due to the formalization of the right to inform the prosecution, the obstruction of the prosecuted person忆s indirect access to knowledge, the defect of the right to first notice of evidence, and the lack of procedural sanctions for the protection of the right of disclosure, which affect the operation and effectiveness of the leniency system of admission of guilt and punishment. It is necessary to improve the system of informing prosecution authorities, strengthen the effective participation of lawyers, guarantee the right of the accused to know the evidence first, and establish procedural safeguard measures.

Key words: leniency system, right of knowing, disclosure of evidence, right protection

CLC Number: 

  • D922.11