Font Size: a A A

Study On The Leniency On Admisson Of Guilty And Acceptance Of Punishment

Posted on:2018-11-12Degree:MasterType:Thesis
Country:ChinaCandidate:W J WeiFull Text:PDF
GTID:2346330515492168Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Under the background of judicial reform,the integration and optimization of judicial resources allocation has become the primary goal of system construction.If the criminal cases can be diverted from the beginning,the judicial resources will be concentrated in the relatively complex criminal cases,it is very helpful to relieve the tension of the shortage of judicial resources and staffs.Leniency on admisson of guilty and acceptance of punishment is enforceable in the cases of admission of guilty.It is a system throughout the whole process of criminal procedure,and combined procedure with substance.This paper analyses the background of this system,discussing the theoretical issues related:including the relationship with judicial tolerance spirit justice and efficiency value,plea bargaining.This paper explains "guilty plea","accepting punishment","light sentences ",and also explains interrelated problems in judicial practice.The proposition of system should be based on the accused’ s voluntariness of choice,with an emphasis on mutual negotiation and final inspection and confirmation by the judicial.This paper focus on how to build the framework of the leniency of admisson of guilty and acceptance of punishment.It is important to the reform of the judicial system,it can solve the shortage of judicial resources.This paper analysis of the relevant theoretical issues of the current system,defines relevant concepts,and offer some suggestions about the controversial issues.It is helpful to build a more perfect system.Under the background of judicial reform,how to optimize resource allocation becomes the key problem.This paper focuses on the case distribution,repositioning this system as an important part of case diversion procedure.By taking the different attitudes about plea guilty as the standard,the criminal cases divide into three cases.The cases suit different procedures according to their different attitude,helping to achieve the best way of judicial resource allocation.
Keywords/Search Tags:admisson of guilty and acceptance of punishment, negotiation about the punishment, case distribution, light sentences
PDF Full Text Request
Related items