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Research On The Principle Of Admitting Guilt With Lenient Punishment From The Perspective Of Lawyer's Defense

Posted on:2019-07-28Degree:MasterType:Thesis
Country:ChinaCandidate:P HeFull Text:PDF
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The appearance of plea of guilty of pleading guilty from leniency is a tide of current judicial reform.As an important part of the reform,it is undoubtedly the hot spot nowadays.The Fourth Plenary Session of the 18th CPC Central Committee passed the decision to improve this system,which shows the importance attached to this system at the national level.Then as a lawyer should be fully involved in this system to go?How to apply it in business practice?In this paper,the lawyer participation as the keynote,another way to analyze the role of legal profession in the operation of the system and its impact,and thus analyze and elaborate on the lawyers in-depth participation in this system,the path and strategy.This article is divided into four parts expand:The first part:the lawyer's participation in pleading guilty to punish leniency basis.This section points out the theoretical support for lawyers 'participation in this system at the national,local and lawyers' levels.At present,the system has been piloted in 18 places.This part focuses on the pilot programs in three places,For comparative analysis.The second part:the empirical research of lawyer's participation in the pilot scheme of admitting guilty of plea.This part of the questionnaire through the way,at the practical level,the lawyer's feedback on this system shows that in the empirical level,practice and theory out of line,there are misunderstandings and differences.Through the investigation and summary of the system of effective recommendations.The third part:the lawyer's participation in pleading guilty to recognize leniency from the typical case analysis.This section selects three classic cases,respectively,on the typical problems that exist in the system in-depth analysis:whether the fact can be debated;whether it can be used together with other leniency sections;how to review the party confession voluntary.The fourth part:the way,the tactics and the improvement of the system that lawyers participate in the system of confessing and punishing leniency.This part of the lawyers involved in this system,from the path,strategy and the improvement of the system,a profound analysis of how the lawyer in-depth participation in the system,how to give full play to the value of the system through the effective participation of lawyers to reflect the corresponding thinking And put forward specific suggestions.
Keywords/Search Tags:System for Imposing Lenient Punishments on Those Pleading Guilty or Accepting Punishment, Attorney Participation, Mandatory Defense, Negotiation Power of Punishment
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