Font Size: a A A

Pleaded Guilty To Forfeit Their Research From The System Problem

Posted on:2018-10-12Degree:MasterType:Thesis
Country:ChinaCandidate:X N HuFull Text:PDF
GTID:2336330539985752Subject:legal
Abstract/Summary:PDF Full Text Request
In the decision of the Central Committee of the Communist Party of China on comprehensively promoting the rule of law in the fourth Plenary Session of the 18 th CPC Central Committee,the Communist Party of China proposed for the first time that we should improve the leniency system for confession and punishment in criminal proceedings.The Supreme People's court "people's Court of the fourth five year reform outline(2014-2018)",the Supreme People's Procuratorate "on deepening the views of procuratorial reform(2013-2017 work plan)" is proposed to improve the guilty penalty leniency system.As a matter of fact,the system of confession and punishment has already existed in our country.The criminal law has already stipulated it,and it has been reflected in the criminal procedure.The establishment of confession penalty leniency system is the inevitable requirement of leniency in the criminal proceedings in criminal policy,its purpose is to achieve better classification,optimizing the allocation of judicial resources,improving judicial efficiency.The academia in recent years to recognize the related penalty guilty leniency system has carried on the certain discussion,at the same time in September 3,2016,the National People's Congress passed the "on the authorization of the Supreme People's court,the Supreme People's Procuratorate in some areas to carry out criminal cases guilty penalty leniency system pilot work of the decision",November 16 th,"three houses" jointly issued "on the to carry out criminal cases in some areas of guilty penalty pilot work of leniency measures",which undoubtedly has important guiding significance to carry out the pilot work of the lenient penalty pleaded guilty to criminal cases.Of course,this will inevitably further promote the further study of the theory of leniency in confession and punishment.Based on this,combined with the criminal cases that are guilty of leniency punishment pilot work,in order to recognize the connotation,pleaded guilty to the value of punishment leniency system as the starting point,to reflect this system in our criminal law and criminal procedure law are analyzed,the research is carried out to recognize the establishment of leniency system and punish the guilty.The existing problems and the specific construction measures and other issues.The author thinks that the starting procedure,the trial procedure,the standard of the procedure and the negotiation procedure should be the further exploration and discussion of the experimental work and the academic circle.
Keywords/Search Tags:Tempering justice with mercy, Confess a sin and lenient punishment, Consultative process
PDF Full Text Request
Related items