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A Research On Due Process Of Criminal Defendant's Free Will When Pleading Guilty

Posted on:2019-02-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y P HeFull Text:PDF
GTID:2416330545471969Subject:legal
Abstract/Summary:PDF Full Text Request
The system of leniency on admission of guilty and acceptance of punishment plays an important role on improving the efficiency of criminal proceeding and optimizing the allocation of judicial resources,but the most important thing is to ensure the defendant's willingness of pleading guilty,if not,we can not achieve the aims above.The system of leniency on admission of guilty and acceptance of punishment has been in pilot stage for more than a year,good results have been obtained,but at the same time,some hidden shortcomings also gradually exposed,in order to keep the system doing well,we must ensure the defendant's willingness of pleading guilty.In this paper,the author focuses on the procedural design to better protect the defendant's willingness of pleading guilty.This article contrasts the related mechanisms of two law systems,and in consideration of the actualities in reviewing of the defendant's willingness of pleading guilty and existing problems,by guaranteeing the rights to know of the defendant,carrying out stricter proof standard of conviction,regulating the behavior of collecting evidences,giving Chinese Prosecuting Department the actual power of punishment,identifying guilty conviction procedure with sentencing procedure,basing on the clear know and the fact at trial to guarantee the defendant's willingness of pleading guilty from investigation stage to trial stage.
Keywords/Search Tags:voluntary standard on pleading guilty, judicial review, exclusionary rule on unlawfully obtained evidence, procedural remedies
PDF Full Text Request
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