Observation On the Presumptive Mode of Criminal Construction

The act of voluntarily confessing and accepting punishment has a positive "presumptive" function on whether the crime is constituted, triggering a "hidden" effect on the crime. It includes both the actual conditions and expected conditions. But it also faces theoretical concerns such as legitimacy, judicial appropriateness deviation, and theoretical nihilism of qualitative change. It is necessary to condense the knowledge essentials of the "presumptive" criminal constitution, clarify the implementation rules and operating mechanisms of the "presumptive" function, dialectically examine the substantive certainty and reality of the crime constitution behind the phenomenon of "concealment", the formal concealment and meaninglessness of the criminal constitution. It should enhance the normative application and legality of voluntariness through substantive guarantees such as the prerequisite basis for entity recognition and the rigidity of entity rejection, as well as procedural guarantees such as strict review of the entire process, the prerequisite conditions for prosecution defense sentencing negotiation, and control based on legal proof standards; and attention should be paid to the adaptation of punishment, in order to strengthen the materialization of the negotiation mechanism, as well as the procedural construction of the negotiation mechanism composed of equality between prosecution and defense, and sufficient reasoning, in order to consolidate the effectiveness and legitimacy of the negotiation mechanism; and put more focus on resolving legislative difficulties such as the recognition of leniency in confession and punishment, and the new "proviso" clauses for crime constitution.