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Study On The Procedural Protection Of The Leniency On Admission Of Guilty And Acceptance Of Punishment

Posted on:2019-01-16Degree:MasterType:Thesis
Country:ChinaCandidate:H Y LiFull Text:PDF
GTID:2346330545475143Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The system of leniency on admission of guilty and acceptance of punishment is the legislation of the criminal policy of strict with leniency.It means that courts will impose lenient punishments on those who confess their crimes and accept punishments in criminal cases.By simplifying procedure,reducing the cost,it aims at improving the litigation efficiency.However,improving the litigation efficiency should not break the justice line.Itís important to protect the voluntary nature of defendantsí confession,which is the systemís basis.Courts also need to review and confirm the existence of the factual basis.This paper takes the procedural protection as the research object,based on literature review and comparative analysis.Admission of guilty and acceptance of punishment have serious influence on the defendantsí rights.The pilot program has been conducted for more than one year,and it has some problems in practice.This paper is aimed at giving some suggestions to solve those problems.This paper has six parts.The first chapter is an introduction,it briefly introduces the topics of origin,status and value of this research.The first part of main body starts with the conceptions of admission of guilty and acceptance of punishment.It requires the defendants must be voluntary and intelligent.It has the characteristic of cooperation and negotiation,and widely exists in the field of criminal justice and criminal proceedings.Based on the first part,the second part main analyzes the influences of guilt admission and punishment acceptance on the due process and our countryís Criminal Procedure Law.It weakens the productions of the criminal proceedings on defendants.Combining with the pilot practice of fast-track trial procedures for criminal cases and the system of leniency on admission of guilty and acceptance of punishment,next part mainly summarizes the problems in practice,including inequality between prosecution and advocacy,lack of duty counsel real help and imperfect judicial review on the confession of guilt.In the fourth part,some suggestions are presented to solve the problems above.We need to follow the principle of minimal procedural justice and proportionality,perfect the system of defendantsí rights and judicial review.Last but not least,protect the defendantís rights of appeal and rescission.The conclusion summarizes this paperís main opinions,and except the system of leniency on admission of guilty and acceptance of punishment be better in future.
Keywords/Search Tags:Guilt Admission and Punishment Acceptance, Procedural Protection, Voluntariness, Authenticity
PDF Full Text Request
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