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Discourse Upon "Leniency To Those Who Confess Their Crimes And Severity To Those Who Refuse To"

Posted on:2005-06-26Degree:MasterType:Thesis
Country:ChinaCandidate:W D QianFull Text:PDF
GTID:2166360155467679Subject:Law
Abstract/Summary:PDF Full Text Request
"Leniency to those who confess their crimes and severity to those who refuse to"--this policy has been exerted for a long time as a basic criminal policy in China, which has played an important and instructive part in the justice. But recently,with the speediness of entry to the internationalization and the full-scale development of the society,the negative effects have become more and more evident The existence or abolishment of the policy has gained the attention and disputation widely by personages of various cirles. From the point of view of the legal worker on the rational research,the author argues that this policy has become the obstacle on the process of legal system. We would not establish the principles of the presumption of innocence, the system of the right to silence and plea bargaining. If this policy were not abolished,which is not beneficial to the basic human rights of every civilian,and which is useless in joining between legal justice and civilization of modern tidal current.Although this policy had an effect on striking crime during the special history ,it also resulted in the humiliation,the blood and the grievances of many people at the same time.We should end this policy by applying for the sense and courage.
Keywords/Search Tags:criminal policy, presumption of innocence, right to silence, plea bargaining
PDF Full Text Request
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