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Plea Cases Proceedings Research

Posted on:2014-10-31Degree:MasterType:Thesis
Country:ChinaCandidate:P LiuFull Text:PDF
GTID:2256330401482532Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
March14,2012the Fifth Session of the Eleventh National People’s Congress adopted amendments to the Code of Criminal Procedure, the provisions of the plea cases can be applied to the summary procedure, but I think, this is undoubtedly the original judicial interpretation of the provisions rose as punishment. Proceedings for the mitigation plea cases cumbersome and lengthy status quo was not a big role.The summary is not an effective solution to the long recipe for litigation cycle,"summary" is not "simple" problem still exists, for the problems of the judicial practice, I believe that reform is imperative plea cases proceedings, and a systems engineering.This article will make comprehensive use of various research methods, starting from the concept of "plea cases", elegant the extraterritorial successful experience practices based on pilot experience, combined with the procedural reforms of the Supreme People’s Procuratorate in2008in eight geographical plea cases analyze the trade-offs involved in proceedings on the plea cases value, combined with the new provisions of the Criminal Procedure Law, to examine today’s program health, and ultimately in the basis of the above study, a complete set of reform measures today pleaded guilty to the case proceedings.This paper is divided into five parts. The first part describes the plea of the meaning of what is "plead guilty ", a unified feasible applicable standard. The contents of that part of the need to combine the power of our judiciary and judicial practice with reference to successful foreign practices and related theoretical setting. Pleaded guilty legislative criteria. The definition of "plead guilty" cases should have two conditions:First, The accusers truthful confession and other evidence to be proved. And effectively protect truthfully confessed the prosecution of persons "voluntary". The second part is the comparison of the proceedings on the plea cases investigated. Why "plea bargain" can be so successful, legal literacy and human factors, system is the top-level design, the extraterritorial experience after the absorption of the conversion to make up our plea cases proceedings lack is beneficial to the. The third part, from the defendant have the right to a speedy trial, the victims make up for the rights of psychological and material obtained through the trial, public security, prosecution, adjudication officers to fulfill their duties, and strive to high-quality and quantity to complete their work obligations, related entities, many comparative analysis of the value of the measure. Should be done to protect the rights of one party, but the degree to weaken the rights and interests of the other party. The fourth part of the new amendments to the Criminal Procedure Law to modify the applicable provisions of the summary, but still not enough to solve the problem of the current application of summary procedure. In addition, by analyzing the status of the operation of the pilot unit, identify the problems, then the rational design of the plea cases proceedings. The fifth part, the first on the basis of the text analysis, in close connection with the current criminal justice practices, made a number of specific measures, these methods still need to test in practice constantly explore.
Keywords/Search Tags:plead guilty, plea cases, summary procedure, criminaldefense, sentencing recommendations
PDF Full Text Request
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