What are the defects in the process of confession and punishment in criminal cases?

1. What are the defects in the process of confession and punishment in criminal cases? The shortcomings of the procedure of confession and punishment in criminal cases are as follows: the simplified scale in court trial is inaccurate and the expected effect cannot be achieved; Taking "the defendant pleads guilty" as the basis to simplify the trial, it is easy to lead to "deciding first and then trying"; The provision that "the defendant voluntarily pleads guilty, he should be given a lighter punishment as appropriate" has some defects, such as uncertain scope and tendency to be given a lighter punishment, which needs to be further optimized in future laws. According to the provisions of Article 118 of the Criminal Procedure Law, when interrogating a criminal suspect, investigators should first ask whether the criminal suspect has committed a crime, let him state the guilty plot or the plea of innocence, and then ask him questions. A criminal suspect shall truthfully answer the questions of investigators. However, we have the right to refuse to answer questions irrelevant to this case. When interrogating a criminal suspect, investigators should inform the criminal suspect of the legal provisions that can be lenient. Second, the specific content of the defects in the process of pleading guilty and admitting punishment in criminal cases According to the provisions of the Opinions on Simplifying Trials, China officially stipulated the confirmation procedure of the defendant's confession. The simplification of some trial links by ordinary procedure summary trial not only meets the needs of judicial organs for speedy trial, but also does not emphasize the protection of the defendant's related interests at all, which means the impairment of related rights. This is mainly manifested in the following aspects. 1, the simplified scale in the experiment is inaccurate, and the expected effect cannot be achieved. In criminal cases, it is not easy to judge whether the defendant voluntarily pleads guilty. Because the defendant probably has no legal education and a low level of knowledge, he can't understand the charges made by the prosecutor clearly, or he doesn't have an accurate and comprehensive understanding of the consequences of his confession. In practice, some defendants misunderstood the stipulation that "defendants who voluntarily plead guilty should be given a lighter punishment as appropriate", and expected too much lighter punishment as appropriate, but were disappointed after sentencing, and then appealed. There was no dispute in the first instance, and litigation confrontation was launched in the second instance. However, because the second trial is final and the litigation conditions are different, even if the trial is held in court, it is difficult to fully protect the rights of the defendant, which makes it difficult to simplify the trial, improve the litigation efficiency and punish the crime in time. 2. Taking "the defendant pleads guilty" as the basis for simplifying the trial, it is easy to lead to "deciding first and then trying". According to the general principle of criminal procedure, whether the facts of a criminal case are clear and whether the evidence is sufficient can only be determined after being tried by a collegial panel of the court. At present, the premise of summary trial in ordinary procedure is that the defendant admits the accused criminal facts. However, because the court simplifies the important procedures and contents such as court investigation, giving evidence in court and cross-examination, it shortens the time and process for the collegial panel to form a correct judgment on the case, which will inevitably lead to the court strengthening the "substantive review" before the trial, and the judge making a pre-judgment before the trial, making the trial a mere formality, and the result will return to the old road of "pre-trial decision" in the previous inquiry trial. 3. The stipulation that "if the defendant voluntarily pleads guilty, he shall be given a lighter punishment as appropriate" is uncertain in degree and tends to be given a lighter punishment. The penalty imposed on the defendant who voluntarily pleaded guilty is too light, even lighter than the penalty imposed on the surrendered offender of the same crime. This objectively leads to surrender being more favored by punishment than surrender, which is obviously contrary to China's surrender system and criminal policy. The defendant can't get effective help from a lawyer. Determine by that value orientation of the current criminal trial system in China, the defendant's defense ability and opportunity in criminal proceedings are more restrict, while the actual national condition of most people in China is that their legal literacy is generally low, which comprehensively determines whether the opposing forces between the prosecution and the defense are balanced in China's criminal trial, and whether the defendant can rationally exercise the procedural option depends to a great extent on whether the defendant can actually get effective help from the defense lawyer in the process of examination, prosecution and trial. In the simplified trial of ordinary procedure, once the defendant pleads guilty, some procedures that are crucial to the defendant will be simplified, which will greatly reduce the total effective time for the defendant to obtain professional help from defense lawyers to a certain extent, and ultimately affect the defendant's full exercise of the right to cross-examination and defense even if he pleads guilty. Therefore, it is really doubtful whether the defendant's important litigation rights can be effectively exercised by applying ordinary procedures to simplify the trial under the condition that the protection mechanism of the criminal procedure system in China is not perfect at present. There are still great defects in the procedure of confession and punishment in criminal cases. An obvious example is that the criminal suspect, because of some defects in this procedure, was sentenced too lightly and committed criminal acts again after he was released from prison, which did not play a role in preventing and correcting crimes. Therefore, China's courts and national laws are actively adjusting this issue and making efforts to improve it.