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On Procedure Security Of Pleas Of Guilty And Acceptance Of Punishment With Leniency

Posted on:2019-03-25Degree:MasterType:Thesis
Country:ChinaCandidate:W Q LiFull Text:PDF
GTID:2346330542497876Subject:Science of Law
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In 2014,the fourth plenary session of the 18 th CPC central committee adopted the Decision on the Major Issues concerning comprehensively advancing the Rule of Law and put forward to the Issue of the improvement of the system of Pleas of Guilty and Acceptance of Punishment with Leniency.In September 2016,the Standing Committee of the National People’s Congress authorized the Supreme People’s Court and the Supreme People’s Procuratorate in parts of China to launch activities of the Issue of the system of Pleas of Guilty and Acceptance of punishment with Leniency.In November the Supreme People’s Court and the Supreme People’s Procuratorate and the Ministry of Public Security and the Ministry of Justice and the Ministry of State Security published the issue of the implementation of the system of Pleas of Guilty and Acceptance of Punishment with Leniency in parts of China.From then the system of Pleas of Guilty and Acceptance of Punishment with Leniency in Criminal Procedure begins.One year is past,since it started.This article aims at studying the Criminal procedure Law of Pleas of Guilty and Acceptance of Punishment with Leniency,and mainly use of the literature analysis,value analysis,empirical analysis,comparative analysis,system analysis and other research methods to define the system of pleas of guilty and acceptance of punishment with Leniency,at the same time,to analyse the procedure value of it.The article puts forward some good advices in improvement of the system of pleas of guilty and acceptance of punishment with leniency in criminal procedure,according to theory of law,experiment,and foreign experience.To build the structure of system of Pleas of Guilty and Acceptance of Punishment with Leniency is a process which makes the criminal policies specific and institutionalized.At the beginning of criminal procedure,in order to choose cases simply,we simply divide the criminal cases into general criminal cases and criminal cases of pleas of guilty and acceptance of punishment with leniency,according to pleas of guilty and acceptance of punishment with leniency and none pleas of guilty and acceptance of punishment with Leniency.We build the institutions of pleas of guilty and acceptance of punishment with leniency according to the cases of pleas of guilty and acceptance of punishment with leniency.The procedure of pleas of guilty and acceptance of punishment with leniency contains of criminal summary procedure,criminal reconciliation process,criminal process which is judged quickly,and general process which is simple and so on.This process pursues effect objects,to achieve justice of efficiency.In order to protect the defendant’s human rights by right of rescission and appeal of the defendant and right of defence of lawyer and the victims’ involvement,the opinion of this article is that the application of system of pleas of guilty and acceptance of punishment with leniency is none limitation,and its application should be refined,all the time,hold on the opinion of that the standard of the fact is clear and the evidence is true and sufficient and the judicial duty and power is clear,according to our country’s theory of pleas of guilty and acceptance of punishment with leniency and successful foreign experiences.On the other hand,simple general procedure of criminal litigation process means that the cases which are fit to situation of pleas of guilty and acceptance of punishment with leniency is application to simple litigation process,if it is not application to criminal summary procedure and criminal quick judging procedure.In order to improve procedure design of the system of pleas of guilty and acceptance of punishment with leniency,the article provides specific procedure security.
Keywords/Search Tags:peals of guilty and acceptance of punishment with leniency, sentencing leniency, procedure security
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