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Research On The Applicability Of The Criminal Policy Of "Confess Leniently,Resist Strictly" In The Case Of Plea Of Not Guilty

Posted on:2018-09-30Degree:MasterType:Thesis
Country:ChinaCandidate:J Y HuangFull Text:PDF
GTID:2416330512995875Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In the fourth Plenary Session of the 18th CPC Central Committee,the party put forward to perfect the system of leniency in the criminal procedure." The system is"Leniency" criminal policy's specific and systematic manifestation,is the pursuit of the efficiency of litigation based on the need to ease the outstanding problem that the case is more and more.But solving this problem need minimum effort of the suspect or the defendant,including the recognition of basic facts and the application of simplified procedures.If the suspect,the defendant doesn't admit guilt,it can't be applied to simplify the relevant procedure,sentencing on the lenient treatment will not be able to talk about.The causes of the plea are very diverse,some because of the fact that there are no criminal acts in fact,some believes that the prosecution has insufficient evidence for conviction and sentencing.Thus,they can escape punishment sanctions.And some doesn't rely on the policy of "Confess leniently,Resist strictly"and so.Although there are a lot of researches on the related processing procedure of the plea of not guilty cases,especially in the reform of the system of trial centered lawsuit,but theory is always out of touch with practice,The corresponding procedure designing can't effectively protect the case of the "more and more complex"characteristics,procedures still give people the feeling of passing through.Although the efficiency of the proceedings and procedural justice may have focused on or run parallel,in the process of procedural justice can't be effectively protected under the premise of a large number of reforms to pursue the efficiency of litigation in turn may bring the cost of sacrificing procedural justice.Therefore,the author believes more emphasis should be placed on the protection of the rights of suspects and defendants in the case against confession,finding out the truth of the case with strict procedure,giving innocent to the innocent and the guilty should be punished.In the new situation,it requires the correct understanding and positioning of the criminal policy of"Confess leniently,Resist strictly",we should utilize the incentive effect of leniency policy to change the attitude of the suspects and defendants.Ensure that when the defendant admits guilt,the efficiency of litigation will be fully improved.And use the deterrent effect,punishing the unprovoked acts of resistance in order to find out the truth of the case.Thus,we can achieve proportionality.In a word,we should correctly exert the spirit of the criminal policy of "Confess leniently,Resist strictly" in the case against confession.We should start from the two aspects of the suspect's and the defendant's psychological influence and the external procedure construction,using the"lenient" policy and do not ignore the "strict" policy's deterrence and its protection of human rights.The system of leniency is institutional arrangement based on the improvement of litigation efficiency under the background of the court-centered reform,is the affirmation and development of leniency spirit of the criminal policy of"Confess leniently,Resist strictly".Strict judicial procedures and rules of evidence help to build the system of trial centered lawsuit.At present,in the reform of the system of trial centered lawsuit,the reform of the simplified procedure does not control the total amount of cases entering the trial procedure and the justification and refinement of ordinary procedure is not enough,the trial become a mere form,there is no difference between the complex procedure and the simplified procedure.If the diversion of procedure can't form the effective allocation of judicial resources but to increase the hollowing and formalization of the trial,this is probably not the original intention of the reform and the ultimate goal.So judicial reform should keep pace,optimizing the summary procedure more and transforming the existing ordinary procedure into a complete pleading procedure.Thus,we can improve litigation efficiency in confession case,saving judicial resources into the case against confession to maximize the pursuit of procedural justice in such cases.So,this paper is based on empirical research,analysing the main characteristics of the case against confession and the main causes of plea of not guilty,to discuss how to apply the criminal policy of "Confess leniently,Resist strictly" to the case against confession,to discuss how to establish a court-centered lawsuit system.The main contents are as follows:In the first chapter,it mainly explains the concept and connotation of the plea of not guilty,discussing the different consequences of the plea of not guilty in the two aspects of the entity and the procedure to the criminal suspect and the defendant on the basis of probing into the main reasons of the plea of not guilty.In the two chapter,it mainly introduces the empirical research method and the characteristics of the case without confession.The author believes that the characteristics of the case without confession are as follows:high rate of appeal,generally not in court for sentencing,high evidence collection requirements,high judicial cost,low efficiency of litigation,lack of protection of the rights and interests of the accused and so.In the three chapter,it mainly discusses the applicability of the criminal policy of"Confess leniently,Resist strictly" in the case of non confession from the three aspects of the theoretical basis,psychological and economic needs,the main problems facing.The author believes policy itself is not a problem.In judicial practice,the model of litigation based on investigation and misunderstanding and wrong orientation of the policy lead to be a "supporter "of torture.So it is necessary to correct the wrong cognition and orientation of the policy to exam the value of the policy in the case of non confession again.In the four chapter,it mainly tells how to apply the spirit of the criminal policy of"Confess leniently,Resist strictly" to the case of non confession.The author believes we can do from the following two aspects to solve the problems of the case of non confession:firstly,starting from the psychological construction of the criminal suspect and the defendant himself to encourage the cooperation.Secondly,starting from the external policy environment,using a strict procedure to find out the truth of the case to punish the guilty and give innocent to the innocent.All told,it mainly talks about whether the criminal policy of "Confess leniently,Resist strictly" is applicable and how to apply based on the causes,the characteristics of the case without confession.The author believes the due process revolution in our country is to be continued.In the future,our criminal procedure can truly achieve the dual unity of punishing crimes and protecting human rights.
Keywords/Search Tags:Plea of not guilty, Resist strictly, Due procedure
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