| Currently China has not yet completed the design of the defendant's plea system in the sense of plea of guilty or not guilty, which was made necessary by the procedural diversion mechanism under the institutional framework of leniency on admission of guilt and acceptance of punishment. The defendant's plea system is in itself a kind of supporting system of pretrial conference and its procedural space should be merged with that of pretrial conference. In the institutional context of leniency on admission of guilt and acceptance of punishment, the scope of objects of the defendant's plea is no longer limited to the facts of public prosecution, but has been extended to "sentencing suggestions". The basic function of the defendant's plea is procedural diversion. In essence, the defendant's plea is essentially different from the defendant's confession or explanation, which is of the nature of evidence. The plea of guilty does not exempt the prosecution from its burden of proof, nor does it limit the court's substantive jurisdiction. Therefore, it is only superficially similar to, but actually very different from, admission in civil litigation. On the basis of standardization, the defendant's plea can be divided into plea of guilty, plea of not guilty, refusal to plea, plea of misdemeanor and plea of recognition of the facts of the case. The defendant's plea of guilty should be subject to factual review so as to ensure its voluntariness and legitimacy. |
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