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The Construction Of The Confirmation Process To Plead Guilty

Posted on:2010-05-10Degree:MasterType:Thesis
Country:ChinaCandidate:S D LouFull Text:PDF
GTID:2166360275960583Subject:Litigation
Abstract/Summary:PDF Full Text Request
It is very important in the criminal procedure that the defendant pleads guilty. As a kind of justice act, it could lead to the emergence and changes of certain procedures in the litigation. Most of the countries in the world have been set up the special mode of trial concerning the defendant's pleading guilty. How to balance the equity and efficiency in the procedure, is one of the important problem in our country. The author believes that we should take the best to settle the procedure, without question, the setting of the criminal summary procedure enriches the criminal summary procedure, the discussion of how to improve our criminal summary procedure has the double significance in the theory and practice.This paper which includes introduction, text and epilogue. The text includes two parts:In the first part, the thesis analyzes the fundamental content of the system of guilty plea, which includes the character and the types of the guilty plea, the voluntary, intelligent knowingly of the plea of guilty, consequence of the plea of guilty and the relief of the guilty plea. And the first part also analyzes the theoretical foundation and the value of the system of the guilty plea. The guilty plea is a special system in the common law countries. It is based on the adversary system, the idea of dissension-solving and the theory of punishment individualization. From the angel of practical value, the system of the guilty plea provides the accused with the complete right of option and ensures the threshold justice standard.In the second part, the author, firstly, makes a comparison between the special mode of trial and the system of guilty plea and makes a conclusion that it is necessary for us to absorb the merit of the guilty plea. The author puts forward some improving advice on how to reconstruct the special mode of trial concerning the defendant's pleading guilty in China, including the scope of the procedure, the system of disclosure of evidence, the pre-trial, the process of trial, the system of right to counsel, the discount of sentence and the relief matters.Furthermore,to ensure the function of the system, the relevant measures should be taken into consideration.
Keywords/Search Tags:The Defendant Pleads Guilty, Criminal Summary Procedure, The System of Disclosure of Evidence, The System of Right to Counsel
PDF Full Text Request
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