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Several Basic Study On The Leniency System Of Guilty Plea

Posted on:2018-07-24Degree:MasterType:Thesis
Country:ChinaCandidate:K Y PangFull Text:PDF
GTID:2416330536475066Subject:Litigation law
Abstract/Summary:PDF Full Text Request
From September to November in 2016,the Standing Committee of the National People's Congress passed and promulgated the decision on authorizing the Supreme People's Court and the Supreme People's Procuratorate to carry out the leniency system of guilty plea in criminal cases in some areas with its corresponding notice and measures,officially authorized Beijing,Tianjin,Shanghai and other 18 cities to carry out the leniency system of guilty plea.The leniency system of guilty plea is an important part of China's new judicial reform,which carries the pursuit of justice on the basis of fairness,and it is also the current research hotspot.In the leniency system of guilty plea,because the prosecuted person has abandon the innocence and accept the prosecution sentencing recommendations,making the prosecution and the two sides lost the need for intense complaints and defenses,saving judicial resources,enhance judicial efficiency,for the construction of equal consultation between the two sides,"the interests of both" and "mutual benefit win" cooperative pattern of action is also far-reaching.Under this system,the court still has the final discretion and decided discretio,reflecting the substantive trial and "trial-centered" litigation system reform requirements.At the time of writing,the practice of the leniency system of guilty plea for a long period of time has lasted for almost five months.Because of the lack of authority on the system itself,the judicial practice is also a process of "feeling the stones across the river".On the one hand,the judicial organs around the local situation has explore a few different models,worthy of recognition and reference;the other hand,in the pilot process also appeared a lot of problems,such as the emergence of these problems and the system itself.There is an important relationship between the ambiguity and the problems,so there is a need for the system itself to do the necessary analysis and elaboration of the system to solve a few basic problems in order to prescribe the right medicine,put forward some targeted,practical measures to improve the system.In addition to the introduction and conclusion,this article is in accordance with the ideas above to start,and the full text will be divided into four chapters.The first chapter is the normative study of the leniency system of guilty plea.The main content is to interpret the connotation and orientation of this system.Through the regulation of the central level of the normative documents summarized the leniency system of guilty plea from the provisions of the fragmented to the institutionalization process,analysis the procedural meaning of guilty plea and explore it with the "frank and lenient" criminal policy,the Speedy Proceeding of Misdemeanor and "plea bargaining ".Find the relationship between the systems,and get the relatively preliminary and clear understanding formation of the leniency system of guilty plea.The second chapter is the microcosmic deconstruction of the leniency system of guilty plea and the clarity and analysis of the points that need special attention in the operation of this system.It mainly involves several aspects such as the running foundation of the system and the status of several special subjects.By analyzing the serious situation of the current situation and the seriousness of the leniency system of guilty plea in the realization of judicial efficiency and justice,combined with the "trial-centered" reform to summarize and ensure the legitimacy of this system and scientific;at the same time clear and strictly ensure that the voluntary nature of the crime is also an important basis for the operation of this system.Finally,it defines the status and function of several special subjects in the leniency system of guilty plea and improves the applicability of the system.The third chapter is the status quo of the leniency system of guilty plea.The main content is to introduce the mode of exploration and formation around the method,and to analyze the crime of pleading guards in accordance with the concrete practice.Roles,summed up the pilot method and the practical problems in the operation,will be resolved and improved in the fourth chapter.The fourth chapter will be based on the basis of the first three chapters,combined with China's actual national conditions and problem of the leniency system of guilty plea in operation,put forward the perfect idea.Specifically,through the strengthening of the role of lawyers,the establishment of evidence disclosure system,to give the prosecutor the right to relief,etc.,and so on,first of all,through a clear way to start,regulate the right to withdraw the case and the substantive examination of guilty plea and other measures to regulate the system of the operation process;Finally,through the construction of hierarchical and ladder of the sentencing mechanism and explore and introduce criminal detention and non-custodial litigation system as a complementary measure to improve the leniency system of guilty plea.
Keywords/Search Tags:The Leniency System of Guilty Plea, Running Processes, The Rights of the Prosecuted, System Improvement
PDF Full Text Request
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