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A Study On The Procedure Of Confession

Posted on:2015-08-19Degree:MasterType:Thesis
Country:ChinaCandidate:Y T QiFull Text:PDF
GTID:2206330461499645Subject:Law
Abstract/Summary:PDF Full Text Request
This paper is divided into three parts, the first part is the author of four actual cases he encountered in the work of the to be introduced, and then the treatment technology of the four case analysis, we find that China accused guilty program exists a certain degree of violating the procedure justice of the situation. The second part, the author of the theory problem of our country the accused pleaded guilty to program to carry on the analysis, the author first introduces the legislative history and current situation of our country’s system of the accused guilty program, secondly the author to be the role orientation of defendant accused guilty plea procedure, victim, prosecutor, judge is analyzed, through the research the first two parts, the author to our country the accused guilty program exists the reflections on the problems. Thought our country chased people confess program is the main problem does not give the accused the right of choosing procedure and the right to counsel, does not give victims the choice of procedures to express their views to the right, the legislation gives the court offered simple procedure of power, not to apply summary procedure provisions after the sentencing, was accused and the right to compensation because of the loss of rights to get part of the. The third part, in view of the accused guilty plea procedure problems, the author puts forward the idea of the corresponding reconstruction of the program. One is given by the right to request the procedure prosecution and the right to counsel, safeguarding the lawsuit main body status, the abolition of the people’s court offered the simple procedure, summary procedure applies to the power of the accused shall be given a lighter punishment and the provisions of punishment amplitude.
Keywords/Search Tags:defendant accused guilty role orientation program, restructuring program
PDF Full Text Request
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