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Research Of The Leniency System On Admission Of Guilty And Acceptance Of Punishment

Posted on:2019-03-08Degree:MasterType:Thesis
Country:ChinaCandidate:M Y LiuFull Text:PDF
GTID:2346330545990191Subject:Science of Law
Abstract/Summary:PDF Full Text Request
In 2016,The Standing Committee of the Twelfth National People’s Congress passed<Decision on Launching a Pilot Project System of Leniency on the prerequisite of admitting the guilty and acceptance of punishment in Some Regions>,from then on,this pilot work of the Leniency System has wending its way through the specific regions.This system is a new effort of the national revolution of our judicial system,which has put into effect the requirement of the national criminal policy and enhance the judicial efficiency.Additionally,it aims to resolve the waste of the judicial resource and the inconsistency between the growing cases and the relatively less judges.The Leniency System is the concretization of the criminal policy which also include the choice of value of this policy.Besides,this system could also serve as a mode concerning the case difference which distinguish the case that pleading guilty from those that not pleading the guilty.From one side,this system has its independency,from another side,it has intersection with other regulations such as the system for fast-track handling for certain criminal cases,the simplified criminal procedure,criminal reconciliation,and the system of plea bargaining.We should comprehend the term"pleading guilty","accept the punishmen",and "lenience" from the procedural aspect as well as the substantial one:First of all,the condition of "pleading guilty" would only be fulfilled under the situation that the suspects confess in line with the fact and accept the content as well as the number of their crime;In the second place,"accept the punishment" requires the acceptance of advices concerning sentencing and the sign of cognovits note;After that,"lenience" demands to impose a lenient sentence substantially and a simplified process procedurally.Moreover,the pilot project of this system possesses its rationality and feasibility:it corresponds to the requirements of our national criminal policy which includes the "leniency for those who confess" as well as"tempering justice with mercy";it results from the combination of the teleology and the restoration theory of the punishment;at the same time,it could serve as the institution for the case difference and integrate the judicial efficiency and the justice simultaneously;last but not the least,it presents the traditional value of the "lenience".Meanwhile,the implementation of pilot project of this system has been introduced under the reform of "judgment centralism""Based on this context,this system is compatible with other criminal regulations,for instance,the simplified procedure for certain cases,the criminal reconciliation,and the fast-track trial procedures.Finally,in accordance with related data of this pilot project,this system could resolve the dilemma of the relatively less judges with more cases which exists in our national judicial systemMeanwhile,we shall not ignore the problems which have been exposed during the process.This paper holds that:this system is so eager to pursue the speed that those measures lead to the deficiency of the system which would guarantee the free will of the defendant admitting the guilty;in addition to this,the lack of the guarantee as for the lawyer’s right to defense,the absence of the process for publicity of the evidences,and the short of the guarantee for victims’ privileges of silence,all of the above mentioned elements contribute to the unequal relationship between the procurator and the defendant which will give rise to the ineffectiveness of reconciliation;and disaccord remains between different regions with regard to the understanding of the policy,this will also bring on the imbalance of sentencing or the broad-brush approach regarding the leniency policy;at the same time,this system lacks of the safeguard mechanism of good faith,that is to say the deficiency of the consequence after violating the related agreement.All above are aspects which have displayed some loophole and which need to be settled urgently.Subsequently,the paper would analyze the related foreign judicial regulation to compare them with our leniency system so as to gain some lessons from that and also get the gold point.Finally,this paper would propose some sentiments in order to complete this system such as the distributary proceedings before the tribunal;the regulation of the duty lawyer;also the register and publicity of the judicial case.
Keywords/Search Tags:Admission of the guilty and acceptance of the punishment, the distributary proceeding of the case, the plea bargaining, negotiated justice
PDF Full Text Request
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