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Study On The Leniency System Guilty Penalty

Posted on:2019-06-14Degree:MasterType:Thesis
Country:ChinaCandidate:Q W LiFull Text:PDF
GTID:2416330545458075Subject:Law
Abstract/Summary:PDF Full Text Request
The system of confession and punishment leniency is carrying the spirit of judicial tolerance in the operation of criminal proceedings,guided by the optimal allocation of judicial resources,realizing the simpleness and diverting of cases,and achieving the value system of litigation with fairness and efficiency.Voluntary confession is the key factor.Equal plea bargaining is the core content.The procedural remedies of the accused are the basic requirements of judicial democratization.Voluntary and wise confession and punishment can not be separated from the effective participation of lawyers,to protect the rights of lawyers in litigation,to maximize the rights and interests of the parties and to achieve justice and efficiency at a high level.First of all,the theoretical background and practical value of the leniency system for confession and punishment are outlined.In the judicial practice,the two sides form a non confrontational lawsuit pattern in the judicial practice,shorten the time of the lawsuit and realize the justice and efficiency in the real sense,which is the innovation of the criminal procedure.Secondly,the system of extraterritorial confession and punishment has its own characteristics in operation,but it can not be used without examining it without examining it,which will make the system of confession and punishment miss the opportunity for development.Therefore,it is necessary to sum up and think about the foreign similar system,and to assimilate its essence and transform it into a legal system suited to the national conditions of our country.Thirdly,the research methods such as literature research,comparative research and empirical analysis are used to investigate the current situation of the pilot of the plea and penalty leniency system,and analyze the potential problems.For example,the accused has not guaranteed the voluntary nature of the punishment,the formalization of the negotiation of the accusation and defense,the lack of a reasonable examination mechanism for the right of appeal,and the failure to construct the case distributary mechanism that runs through the whole course of the criminal procedure.These will inhibit the development and improvement of the leniency system for pleading guilty.Therefore,it is necessary to prevent and improve the potential risks of leniency and leniency.Finally,the key problems existing in the criminal procedure are recognized and analyzed,and a general concept is designed to guide the judicial practice with a high generalization,strict connotation and clear extension,and the standard of voluntary confession and punishment will be grasped,the duties of the Department of power are standardized,and the voluntary of the accused is guaranteed.Confess the punishment and punish the subject,the content and the actual procedural guarantee of the negotiation results,design the system of consultation and consultation suitable for the national conditions of our country,establish the examination mechanism of the defendant's appeal for the defendant,and properly restrict the right of appeal of the accused;the center of gravity of the litigation procedure shunting is from the trial.The stage of judgment is transferred to the investigation stage and the stage of prosecution and prosecution.Therefore,we should perfect the plea and leniency system and take this as the core to guide the criminal judicial practice,and effectively avoid the potential risks brought by the leniency and leniency system in the criminal procedure.
Keywords/Search Tags:Plea and punishes leniency system, Criminal procedure, perfect
PDF Full Text Request
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