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Analysis On The Procedure Of Leniency On Admission Of Guilty And Acceptance Of Punishment

Posted on:2019-05-17Degree:MasterType:Thesis
Country:ChinaCandidate:X Y HeFull Text:PDF
GTID:2346330542981714Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The traditional concept of retributive punishment and the criminal justice system are inadequate in coping with backlog of cases,the shortage of judicial resources,the judicial effect and the protection of human rights.The criminal policy of justice tempered with mercy has given birth to the criminal summary procedure,the simplification trial of pleading guilty cases and the settlement procedure of public prosecution cases,as well as the speedy trial procedure of criminal cases being piloted in criminal justice practice in our country,and further triggered the practical exploration on the system of leniency on admission of guilty and acceptance of punishment.This system conforms to the pursuit of improving the efficiency of litigation,strengthening the subject status of litigants,adapting to the pattern of adversarial litigation and safeguarding human rights,and the system has been piloted in criminal procedure practice.The practice of leniency on admission of guilty and acceptance of punishment reform shows that in the case handling procedure,the time required for the procedure of investigation is relatively long,and the participation of the lawyers can help the suspects and defendants confess their guilt and accept punishment.It is easier for judges and senators to accept the sentencing recommendations agreed between the prosecution and the defense.The suspects and defendants are satisfied with the outcome of the case and the appeal rate is low.However,the practice of reform also reflects some problems,such as the wide range of legal documents required for the case that the parties admit the guilty and accept the punishment,cases are more time-consuming to move between different litigation stages,and a lack of coordination among the investigation authorities,procuratorates and judicial authorities.In order to optimize the procedure of cases that leniency on admission of guilty and acceptance of punishment,we should pay attention to guaranteeing the voluntariness of criminal suspects and defendants,concerned about the victim’s procedural rights,strengthening judicial review of courts,case handing organs should fulfill the obligations of informing the criminal suspects,safeguarding conviction standards and implementing the help system of lawyers.Specifically,in the investigation procedure,intensify the application of non-custodial coercive measure when the suspect admits the guilty and give the investigating authorities the right of withdrawal.In the review and prosecution proceedings,both prosecutors and defense parties should reach a lenient agreement and set up a pretrial detention prosecution mechanism and the punishment order procedure.In the trial procedure,the speedy arbitration procedure for light case should be set up,the summary procedure should be perfected,the procedure for the measurement of penalty should be independent and clarify the sentencing negotiation procedure applicable to the guilty plea.
Keywords/Search Tags:Leniency on admission of guilty and acceptance of punishment, criminal litigation stages, the application of procedure, construction of procedure
PDF Full Text Request
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