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A Study On The Defendantís Voluntariness In The System Of Leniency On Admit And Accept Punishmnet In Criminal Cases

Posted on:2019-06-11Degree:MasterType:Thesis
Country:ChinaCandidate:J YangFull Text:PDF
GTID:2346330569988525Subject:Science of Law
Abstract/Summary:PDF Full Text Request
The system of leniency on admit guilt and accept punishment in criminal cases as a significant judicial procedure which is optimizing the use of human resources in court and branching different cases to improve the litigation efficiency.And the pilot projects have been launching in eighteen cities.The system of leniency for those who admit guilt and accept punishment in criminal cases has been launched in eighteen cities.While the defendant chooses this procedure,it means he would acquire a brief,fast and effective judicial activities and lenient punishment which is different from ordinary criminal procedure at the expense of voluntarily and willingly reducing some procedural rights.So the security of the voluntariness of the defendant is the lifeline of the long-term and benign development.Ensuring and guaranteeing the defendantís sensible and sufficient voluntariness is the precondition and basics of the righteousness and legitimacy of the plea recognized fine leniency system.In judicial practice,the judicial review of the defendantís voluntariness and the case facts could influence fair adjudications.But nowadays academic discussing lack direct positive discussion about the security of defendantís voluntariness in this procedure.Based on this,the author selected the security of defendantís voluntariness as the focus of the study,and tried to analyze some standards and measures to protect the defendantís sensible and sufficient voluntariness.The text consists of five parts: The first part is the introduction,mainly introduces the topics of this paper,such as the system background,the overseas and domestic research status,the research significance and the research method,etc.The domestic and overseas research situation generalizes other relevance theories which could be consider as basic ideas of the defendantís voluntariness,and combs the current situation of the system of leniency on admit guilt and accept punishment in criminal cases,and seizes some factors that influence the defendantís voluntariness.And this summary provides guide for the subsequent writing.The second part analyzes theoretical foundation of the defendantís voluntariness in the system of leniency on admit guilt and accept punishment in criminal cases.The necessities of ensuring defendantís voluntariness are mainly related to guarantee of human rights and the legitimacy of operation,and its legal basics associated with the theory of procedural option,restorative justice,deliberative justice,and principle of the privilege against self-incrimination.The understanding about the meaning of defendantís voluntariness is the precondition to discuss the guarantee measures and the system of protecting defendantís voluntariness.This paper offers the standard of testimony in inspecting defendantís voluntariness.The standard is about defendantís subjective aspect,prosecution authorityís objective aspect,and the minimum requirements of defendantís voluntariness.The third part analyzes the questions and deficiencies in the security of defendantís voluntariness.The author selected some data and cases in Chinese referee web site as context,and focus on involuntary factors in legal proceedings.Those involuntary factors are: the force and temptation in the investigation and criminal negotiation;the insufficient rights to information which is relates to procedural rights and evidence;the inadequate defense;incomplete judicial review;the non-uniform sentencing specification;the lacking procedural remedies.The fourth part compares and introduces some experiences and methods on the security of defendantís voluntariness in the foreign countries,such as America,Germany,Italy and Russia.And the author tries to draw on some comparison of similarities and differences from the rights to information,the rights to defense,judicial review standard,and sentencing rules and relief procedure to get foreign experiences to help judicial practice in our country.The last part is about some corresponding countermeasures and thinking.In order to complete the supporting measures of protecting defendantís voluntariness in the system of leniency on admit guilt and accept punishment in criminal cases,we should to reinforce supervision in the investigation and criminal negotiation,and enhance the rights to information and help defendants clearly understanding the litigious rights and the fact and evidence.Whatís more,we need to strengthen the rights to defense,especially perfecting duty counsel system.And in the judge link,we should complete the judicial review,and ensure the truth of the fact and the voluntariness of the defendant.Moreover,we also need to set some regulations to uniform sentencing specification,and limit withdrawal the application and limit appeal.The defendantís voluntariness and facts and evidence of the case is not only the key of insuring effective and legitimate legal proceedings,but also the core of protecting judicial justice and appropriate punishment and education.This paper focuses on the voluntariness question,and raises the standard of defendantís voluntariness and its necessities,and the author has discussed some involuntary factors and obstacles in proceedings.It is hoped that this article could provide some reference for the study of the defendantís voluntary in the system of leniency on admit guilt and accept punishment.
Keywords/Search Tags:the system of leniency on admit guilt and accept punishment in criminal cases, defendantís voluntariness, the rights to information, access to legal advice
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