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Discussion On The Perfection Of Guilty Plea And Punishment Accepting System:A Case Study Of The Theft Case Of Yang XX

Posted on:2018-07-12Degree:MasterType:Thesis
Country:ChinaCandidate:F MaoFull Text:PDF
GTID:2346330542969576Subject:Law
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According to the CPC’s 18 fourth plenary meeting on several major issues of promoting the rule of law decided to reform of the deployment,12th session of the national people’s Congress Standing Committee 22nd meeting adopt a resolution on authorization of the Supreme People’s Court and the Supreme People’s Procuratorate Guilty Plea and Punishment Accepting System of criminal cases in some areas pilot project decision.Since this Guilty Plea and Punishment Accepting System officially entered the pilot phase,the theory and practice circles have carried out extensive discussion and practice on the system.Guilty Plea and Punishment Accepting System refers to a legal system that the accused willingly and truthfully confess his or her own crimes,has no disagreement with the charged facts of crimes,agrees to the suggestions on measurement of penalty by investigating and prosecuting apparatus,and is given lenient treatment in substantiality and procedure.In nature,it has at the same time double attributes of substantial laws and procedural laws.Since the CPC’s 18 fourth plenary meeting put forward the request of "perfect Guilty Plea and Punishment Accepting System ",the theory and practice circles have carried out extensive discussion and practice on the system.Guilty Plea and Punishment Accepting System occur when the criminal policy of combining punishment with leniency is promoted,against the backgrounds of the era that there are lots of cases but few people,and that the judicial resources are in shortage.It has to promote the optimal disposition of judicial resources,improve the efficiency of litigation,punish crime promptly and effectively,maintain social stability,quickly realize the jurisdiction of the accused,strengthen the human rights judicial safeguard,promote the reform of criminal Procedure,and construct the criminal procedure system of "simplified shunt".The theft case of Yang XX and the intentional injury case of Shi XX are two typical cases in the trial of Guilty Plea and Punishment Accepting System in our country.By analysing these two typical cases,and there is no application of Guilty Plea and Punishment Accepting System of Hu XX theft case compared,it can reflect some problems encountered in the trial of Guilty Plea and Punishment Accepting System,such as the scope of application of system,the extent of negotiation,the validity of sentencing proposal of procuratorial organ,the compensation of victims and so on.With regard to several problems in the experimental units,the author holds that in the process of promoting the Guilty Plea and Punishment Accepting System in order to ensure the fairness of applicable law,the application type of case should not have a special restriction,that is,all case types can apply the Guilty Plea and Punishment Accepting System;At the stage of litigation,the investigation stage and the prosecution stage,the trial stage,can be applied;In consultation with the accused,the prosecution is prohibited by the two parties to negotiate the number of crimes and charges,the prosecution and the defence of the sentencing of the two sides,the proposal on the basis of normal sentencing to reduce the 30%-50%amplitude to attract the accused person guilty;In general,the People’s Court shall adopt the sentencing proposal of the procuratorial organ to construct the judicial integrity,if the court considers that the sentencing proposal of the procuratorial organ is manifestly inappropriate or the defendant has objection to the sentencing proposal,the Court may propose the procuratorial organ to adjust the sentencing proposal;In the case of Guilty Plea and Punishment,it is necessary to safeguard the legal aid of the accused person and improve the system of law,and to promote the defender of the lawyer on duty in the future system.It should also be noted that,in the process of perfecting the leniency system of confession Shang,to safeguard the lawful rights of the victim,it cannot be made "the victim of judicial infringement",and the litigation request of the victim should be given reasonable attention.
Keywords/Search Tags:Guilty Plea and Punishment Accepting System, negotiating the measurement of penalty, legal aid, the rights of the victim
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