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China Pleads Guilty To Confession And Punishment From A Wide System

Posted on:2018-06-30Degree:MasterType:Thesis
Country:ChinaCandidate:Y X FengFull Text:PDF
GTID:2356330542484097Subject:Law
Abstract/Summary:PDF Full Text Request
In accordance with the "National People's Congress on Authorizing the Supreme People's court and the Supreme People's Procuratorate to carry out criminal cases in some areas that the pilot work of lenient penalty plea system decision",Beijing,Tianjin,two in Shanghai,Chongqing,Shenyang,Dalian,Nanjing,Hangzhou,Fuzhou,Xiamen,Ji'nan,Qingdao,Zhengzhou,Wuhan,and Changsha Guangzhou,Shenzhen,Xi'an to carry out criminal guilty penalty leniency system pilot work.To recognize punishment leniency system,refers to the criminal suspect and the defendant voluntarily truthfully confessed his crime,has no objection to the alleged facts of the crime and the prosecution agreed to sign the affidavit views on sentencing case,can according to leniency.Meet the above conditions of criminal suspects and defendants,will be simple,fast,according to the law leniency;expedite procedure applicable to expand the scope of imprisonment cases three years;the suspect voluntary confession of the facts alleged crime,there are major meritorious service or cases involving the great interest of the state,or by the Ministry of public security the Supreme People's Procuratorate approved the investigation organ may revoke the case Procuratorate may decide not to initiate a prosecution.The establishment of leniency system for confession and punishment helps to encourage criminal suspects and defendants to confess their crimes and accept educational reform so as to realize the purpose of preventing and re committing crimes.On the one hand,to maximize the suspect and the defendant "sentencing benefits",on the other hand also gives the public security organ may withdraw the case,the people's procuratorate can make concrete basis for the decision not to prosecute,or prosecution of one or more of the number of suspected crime,or to the people's court sentencing proposal power.This will surely increase the public security and procuratorial organs in the investigation and prosecution of cases when the dynamic flexibility,and actively guide the criminal suspects and defendants confessed,reduce social conflict and confrontation,strive to maximize their own interests,and ultimately improve litigation efficiency,achieve the purpose of punishment.To recognize punishment leniency system realizes the character of criminal cases,saving judicial resources,contribute to the rapid simple cases and difficult cases trial fine cautious trial,agreed to further realize the justice and efficiency of procedures.There are a lot of positive significance to establish the system of penalty guilty recognize leniency,but the system still need to be improved,such as the system of protecting the interests of victims how to protect the rights of victims in the absence of guilty penalty leniency system,make the case that the biggest victim of the victim's right to get attention,if you ignore the victim guilty penalty due to be lenient,violation of criminal procedure.In order to prevent litigation efficiency without unduly sacrificing the justice and the excessive pursuit of formal justice and substantial justice from the establishment of the system,should fully consider the senior high school entrance examination toprotect the interests of the victim,the right of public prosecution and balance,in order to achieve the balance of interests among various subjects.The criminal victim in criminal proceedings as a violation of therights of the party,in the protection of our country is relatively backward,must establish the criminal victim's criminal litigation status from the legislative level,recognizing the importance of protecting the rights of victims,emphasizing the victim's rights in the Constitution and the law,and to help the victim in the material this also,resolve social conflicts,build a socialist harmonious society needs.As the parties in criminal cases,even the weak parties and to protect their rights and interests should be put in the important position to consider,in the penalty system of plea leniency system established,to investigate the protection in guilty penalty leniency system under the victim's rights and interests has a positive practical significance and legal significance.Protecting the legitimate rights and interests of criminal victims.It is necessary to set up effective participation of victims,the people's court,the people's procuratorates and the public security organ for the guilty penalty cases,the victim and the agent shall listen to the opinions,to the defendant and the victim is signed memorandum of understanding as an important factor in sentencing,to supervise and guide the criminal suspects and defendants apologize to victims of an ill gotten gains restitution,to compensate for the losses,the protection of the victims as soon as possible to obtain the compensation and psychological comfort,effectively reducing litigation,resolve conflicts,restoration of social relations.
Keywords/Search Tags:confession and punishment leniency system, victim rights protection, plea bargaining, victim participation
PDF Full Text Request
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