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Pleading Guilty And Punishing The Study From A Wide System

Posted on:2019-07-24Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhaoFull Text:PDF
GTID:2356330542482196Subject:Procedural Law
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The system of leniency on admission of guilty and acceptance of punishment is the important content of a new round of judicial reform.It has a rich content,a wide range of applications and long-term penetration.It not only combed and reconstructed the existing system,but also carried out a lot of exploration and innovation.It is an open set of institutions that contain both physical content and program content.This judicial reform takes "admission of guilty" as the premise,"acceptance of punishment " as the key,and "leniency" as the core,fully reflects the demands of judicial practice in our country which has multi-value kernels,and highly meets the development trend of current-world consultative judicature.With the development of the pilot work,we have made gratifying achievements in the exploration of the system.However,we should still think rationally and realize that there are still many problems such as the imperfection of legislation in the construction of the system,the lack of protection of the defendant’s rights and interests,the lack of independence,standardized negotiation procedures,and the inconvenience of connecting the trial system.In order to solve these problems,this article has studied the system of leniency on admission of guilty and acceptance of punishment and put forward reform concepts,hoping to provide beneficial thinking for the reform of guilty pleas.We need to sort out and improve existing procedures,improve operational practices,strengthen the protection of the rights of respondents,and optimize internal design.It is necessary to clarify the orientation of the procedure,improve the procedure convergence mechanism,promote the integration of the old and new procedures.To make criminal justice system more smooth and save judicial resources.We should also innovate on the characteristics of the guilty plea system.,increase the power of prosecutors,establish independent and standardized consultation procedures with reference to the experiences of other countries,improve the trial system,and promote the system of leniency on admission of guilty and acceptance of punishment reform of the guilty plea system in a systematic manner.
Keywords/Search Tags:The system of leniency on admission of guilty and acceptance of punishment, The negotiation system of prosecution and defence, Prosecution of human rights protection, Program connection
PDF Full Text Request
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