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Discussion On Designing And Studying The Protection System For The Rights Of The Plea Of Criminal Suspects And Defendants

Posted on:2012-06-23Degree:MasterType:Thesis
Country:ChinaCandidate:J L SunFull Text:PDF
GTID:2216330371953181Subject:Law
Abstract/Summary:PDF Full Text Request
Suspect, the defendant's guilty plea in criminal proceedings has a very important value, the proceedings start, progress and end can have an important impact. Suspect, the defendant's guilty plea, before entering the court, you can substantially reduce the public security organs, the prosecution's burden of evidence, the case can be detected early, early submission of the prosecution; in court proceedings, but also enable the prosecution and the defense of the confrontational greatly reduced, improving judicial efficiency and reduce the risk of miscarriages of justice occurred. Criminal suspects and defendants face legal action and the choice of guilty, to some extent, generally smooth in the state judicial process in criminal proceedings, but the performance of their repentance, but not be able to return the original to be "lenient sentence." expected to achieve. Further, the suspect, the defendant pleads guilty, the judiciary is often the case, "a foregone conclusion," the inertia of thinking, but ignoring the plea of the suspect, accused both the legitimate protection of the rights. This study aims to analyze the case pleaded guilty to the judicial process in practice, pleaded guilty to further build and improve the litigation procedures and systems to protect the investigation, prosecution, trial phases of criminal suspects in the guilty plea, the defendant's fundamental rights, effective improve our criminal justice rational use of resources, improving judicial efficiency. This from the introduction, body, and conclusion form. Body consists of three main parts:Chapter I: guilty of criminal suspects, the necessity of protecting the rights of the defendant's analysis. Through a brief analysis of the suspect, the defendant pleaded guilty to the concept of confession of the way and point in time, the meaning of confession in a bid to further analyze the necessity of protecting the rights of the case pleaded guilty. Guilty plea case is to protect human rights protection of the basic requirements is to implement the policy JUSTICE necessary requirement is to distinguish between the practical requirements of a felony misdemeanor.Chapter II: guilty suspect, the defendant's right to protect the status quo and kept for analysis. Respectively, from the suspect, the defendant's point of view and from the perspective of the national public authorities to analyze the practice of our criminal suspects plead guilty, the defendant's right to protect the status quo and problems, and try to analyze the problem of roots.Chapter III: guilty suspect, the defendant's right to protect the program to build some suggestions. In view of the criminal legislation and judicial practice, the problems and put forward six recommendations for improvement. There are criminal suspects, defendants pleaded guilty after the non-custodial coercive measures extend mechanism, improve the evidence in the case pleaded guilty discovery system to improve case pleaded guilty and sentencing rules, improve the court of the measures to establish a system to prosecute minor cases directly, to Improve and strengthen the defense system.
Keywords/Search Tags:Confession, Pleaded guilty, Protection of the rights, Procedures, justice
PDF Full Text Request
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