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A Study On Withdrawing Case From Leniency Of Guilty Plea And Punishment

Posted on:2019-01-13Degree:MasterType:Thesis
Country:ChinaCandidate:Y C WangFull Text:PDF
GTID:2346330542997698Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
On July 22nd 2016,the 26th session of the Central Committee leading Group on Comprehensive deepening Reform deliberated and adopted the "pilot Program on the Reform of the system of guilty,admission,punishment and leniency" and the "on authorizing the Supreme people’s Court" adopted by the National people’s Congress subsequently.Decision of the Supreme people’s Procuratorate on pilot work on the system of lenient admission and punishment in Criminal cases in some regions;and the Supreme people’s Court,the Supreme people’s Procuratorate,the Ministry of Public Security,the Ministry of State Security,The Ministry of Justice jointly issued the "measures on the pilot work of the lenient system of guilty admission and punishment in criminal cases in some regions",which raised the tide of the pilot work of the leniency system of pleading guilty and penalizing punishment in China,which led to the jurisprudence.The world has paid extensive attention to the lenient system of guilty admission and punishment,and the emergence of related research papers is blowout.The system of guilty admission and punishment leniency is one of the important criminal reforms put forward in 18,which has received extensive attention from all sides.In the case of criminal suspects,Under the condition that the criminal defendant actively confesses the crime,the basic concept of leniency of guilty plea is given by the judicial organs,which is the institutionalization,procedure and systematization of the leniency policy of our country,and the system of withdrawing cases has existed for a long time.It is a kind of system that the investigation organ aims at no crime,the suspect dies,does not need to investigate the criminal responsibility and so on,but the lenient system of pleading guilty and penalizing increases the guilty plea.A condition for the annulment of a case in which the original value setting and system were clearly challenged,and this challenge has been widely questioned...despite the various doubts,the system is consistent with the national policy of our country,It is in line with the basic national conditions of our country,with cracking down on violent terrorist crimes and corruption crimes.At the same time,we should also see the value significance of the system of pleading guilty and withdrawing cases,which is protecting the interests of the victims and improving the efficiency of criminal cases.In addition,the lenient system of guilty plea and punishment has some similarities with the system of criminal reconciliation in value orientation,but There is also a major difference in the system of lenient withdrawal of plea is the protection of the interests of the victim,which requires the criminal reconciliation and guilty leniency to deal with,to avoid the conflict between the two systems,so that it can be properly coordinated.First of all,it introduces the concept of leniency of plea and punishment and the theoretical controversy of leniency of plea,mainly introduces the dialectical understanding of the three concepts of leniency,criminal withdrawal and leniency.This paper introduces the disputes about the lenient system of guilty admission and punishment on the issues of "scope of application","procedure setup","protection of the interests of victims" and "legal supervision".Secondly,it analyzes the necessity and feasibility of pleading leniency and withdrawing cases in theory and practice.There are many controversies on whether pleading leniency can be carried out in the theoretical circle of our country.Many people think that this system violates the requirement of trial centrism.It is not in line with the requirements of national justice,and at the same time,the internationalization of the judiciary brings difficulties.Here,we mainly sum up and analyze that the establishment of the system of pleading guilty and withdrawing cases is conducive to protecting the criminals’ reform,safeguarding the public interests of society and safeguarding the public interests of society.To protect the interests of the victim,to perfect and supplement the lenient system of pleading guilty and penalizing.In feasibility,it is suitable for the basic national conditions of China and conforms to China’s policy.Request,with our country at present fight against terrorism,dereliction of duty the judicial environment of corruption case adapts.Then it introduces the problems that may be encountered in the establishment of the lenient system of guilty pleading and penalizing punishment.Firstly,the lenient system of pleading guilty and penalizing punishment may conflict with the system of criminal reconciliation,bring some damage to the victims,and bring difficulties to the realization of the criminal reconciliation.At the same time,in the system of criminal withdrawal,the investigative organs have grasped the powers of investigation and jurisdiction,which has increased the powers of the investigative organs,which is bound to bring about the possibility of abuse of power.At the same time,the emotional and economic loss of the victim is also a huge impact on the protection of social emotion.These three aspects are the drawbacks of the lenient system of confession and punishment.Finally,the thesis studies the construction of lenient withdrawal system of guilty admission and punishment,and analyzes how the system of guilty admission and punishment leniency appears malpractice on the basis of summing up and analyzing above,and aiming at the scope of application,procedure setting,victim interest maintenance.The author puts forward some opinions and suggestions on the legal supervision of the lenient withdrawal system of plea and punishment.
Keywords/Search Tags:Lenient admission of guilt and punishment, Withdrawal of criminal case, Investigation authority, Victim’s interests
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