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Research On The Construction Of Leniency On Admission Of Guilty And Acceptance Of Punishment Procedure

Posted on:2018-06-05Degree:MasterType:Thesis
Country:ChinaCandidate:J Y MiaoFull Text:PDF
GTID:2336330515487127Subject:Law
Abstract/Summary:PDF Full Text Request
Due to accelerating social mobility and growingly widening gap between the rich and the poor,the number of criminal cases has growing rapidly,especially the number of slight criminal cases.Along with abolition of reeducation through labor system and extended coverage of criminal penalty,how to optimize the allocation of judicial resources and improve the efficiency of handling criminal cases,so as to adapt to the needs of the current judicial practice,is an important thing to the judicial reform.The system of leniency on admission of guilty and acceptance of punishment was introduced in this background.It reflects the ideology of mitigated penalty and protection of judicial human rights at the national system leve.However,according to the design of judicial reform of leniency on admission of guilty and acceptance of punishment,the criminal procedure did not correspond with the legal system and ideas of our country completely.Firstly,there are some impacts on the value of our criminal substantive law in the process of procedural construction.Secondly,there are also some contradictions between new criminal procedure and the theory of inquisitorial system of our country.At the same time,the provisions of criminal fast-track adjudication procedure are relatively simple.On the one hand,it leaves sufficient space for judicial organs to simplify procedure measures,which has achieved good results and improved the efficiency of handling slight criminal cases greatly.But on the other hand,it also caused some confusion in the process of reform.As the pilot project of criminal fast-track adjudication procedure in some regions has been carried out for 2 years,Supreme People’s Court and Supreme People’s Procuratorate decide to launch the pilot project of the system of leniency on admission of guilty and acceptance of punishment.It shows the complexity of the problems encountered during the pilot process.Therefore,according to currently China’s criminal procedure and the value of the judicial ideas,putting forward reasonable proposals on the basis of summarizing the pre-pilot experience and existing problems,which is of great significance to the perfection of the criminal procedure.The background and ideas of criminal procedure of leniency on admission of guilty and acceptance of punishment is the basis for measuring the necessity of the introduction of the provisions and it also plays a guiding role in the construction of the procedure.So it is necessary to make a thorough research.And we can find the reform has important practical significance and it also follows the objective law of dynamic development of criminal policy.In recent years,there has existed the law about resolving criminal cases quickly and the pilot project of criminal fast-track adjudication procedure before the Standing Committee of the National People’s Congress has voted to pass the "Decision on Authorizing the Supreme Court and the Supreme Procuratorate to Launch a Pilot Project system of leniency on admission of guilty and acceptance of punishment in Some Regions".Criminal fast-track adjudication procedure needs to resolve the problems in summary procedure and speedy procedure of misdemeanor cases and it dose alleviates these problems to some extent.These can provide a reference for the next reform of procedure of leniency on admission of guilty and acceptance of punishment.There are some confession in the construction and application of criminal procedure of leniency on admission of guilty and acceptance of punishment,including whether giving the criminal suspects and defendants,who admit guilty but falsely,a lenient sentence and how to judge.It also has some contradictions with the theory of inquisitorial system of our country.Based on the background and the purpose of judicial reform of leniency on admission of guilty and acceptance of punishment and the analysis of the problems in the reform,there are some suggestions:establish a scientific and unified criminal procedure of leniency on admission of guilty and acceptance of punishment;distinguish between admission of guilty and acceptance of punishment;prefect process of handling cases to improve litigation efficiency;implement the system of counsel right to effectively protect parties;promote the standardization of sentencing.At the same time,strengthen the use of technology and the functions of inspection organ;improve the mechanism of judicial supervision is the necessary guarantee to prefect the procedure of leniency on admission of guilty and acceptance of punishment.
Keywords/Search Tags:Criminal procedure of Ieniency on admission of guilty and acceptance of punishment, Criminal fast-track procedure, Standardization of sentencing
PDF Full Text Request
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