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The Construction Of The Guilty Plea Procedure In China

Posted on:2018-05-10Degree:MasterType:Thesis
Country:ChinaCandidate:W JuFull Text:PDF
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At present,China’s criminal procedure has the characteristics of many cases and trial pressure,and it is feasible to construct the guilty plea procedure.First,the guilty plea procedure can make case classification and improve the efficiency of the proceedings.Second,it can standardize the procedure and avoid the occurrence of miscarriages of justice.Three,it is consistent with China’s current criminal procedure,for example,criminal procedure,leniency system,and so on.June 27,2014,the Supreme People’s Court and the Supreme People’s Procuratorate on the premise that the NPC Standing Committee authorized,in a number of cities of the country,carrying out the trial of criminal procedure.One of the conditions for the application of criminal procedure is the defendant voluntarily pleaded guilty,to some extent,that is the defendant’s guilty plea.China’s current criminal procedure law was promulgated and implemented in January 1,1980,after two revisions,in the process of revising and perfecting the criminal procedure law,there is a concept that can not be ignored,that is the defendant pleaded guilty to leniency.In the case of the defendant’s guilty plea,on the basis of the combination of criminal punishment and human rights protection,the judge should examine the defendant’s guilty plea in the legal procedure.In accordance with the conditions of the premise,based on the criminal policy of leniency,make a reasonable judgment.Therefore,the construction of the procedure of pleading guilty is worth studying deeply.This paper is divided into five parts.The first part is the practical significance of the construction of the guilty plea procedure,in view of the characteristics of China’s criminal cases and trial pressure,the construction of the guilty plea program can effectively realize the split flow of cases and improve the efficiency of the proceedings,and it also conforms to China’s current criminal litigation reform trend.Combined with the experience of foreign countries in the process of guilty plea,this paper discusses the value of the construction of the guilty plea procedure in our country.The second part is the design of the guilty plea procedure,which is based on the practical significance of the guilty plea procedure.It is necessary to define the application stage,the conditions of application and the main body of the procedure.The procedure of pleading guilty is different from ordinary procedure,summary procedure and criminal procedure.If it can be used in a legal way to be specified,confirmed,it can better play the role of the latter three procedures.The third part is about the defendant’s "voluntary" and the "authenticity" of the defendant’s criminal procedure,as well as the review process of the two,which need to be focused on the examination of the two elements.Because the defendant’s guilty plea needs to be based on the real existence of the case and the true meaning of the defendant,in order to exclude the existence of torture and other illegal evidence collection behavior.The fourth part is the lawyer’s defense in the procedure of pleading guilty,which mainly explains the important role of the lawyer’s defense in the procedure of guilty plea.The fifth part focuses on the plea of guilty procedure of relief measures,if the conditions are in violation of the provisions of the law in the process of guilty plea procedure,giving the parties some relief measures are necessary,which also reflects the value of the criminal litigation procedure justice.
Keywords/Search Tags:plea of guilt, summary procedure, criminal procedure, plea bargaining, litigation efficiency
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