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Research On The Leniency System Of Confession And Punishment

Posted on:2019-02-02Degree:MasterType:Thesis
Country:ChinaCandidate:Y R WangFull Text:PDF
GTID:2416330545495892Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The leniency system of confession and punishment in broad sense has a long history,and it exists widely in the substantive law and procedural law.The essential feature is that it can be expressed by the criminal suspect and the defendant's confession and punishment,and the application of the simplified procedure is applicable to the entity.In the fourth Plenary Session of the 18 th CPC Central Committee,the party put forward to perfect the system of confession and punishment in the criminal procedure.At that time,leniency system of confession and punishment was formally proposed as a systematic system.Subsequently,the relevant departments,through the Pilot Scheme,designed the system of plea and punishes leniency system,and the pilot work was formally carried out in 18 cities.It should be said that the system of confession and punishment conforms to the realistic demand of the rational allocation of judicial resources under the new situation,which is of great significance to improving the efficiency of the litigation.The article is divided into six parts.The first part is the introduction part of the article.It mainly expounds the background,significance,research methods,the overall idea and main content of the research,and summarizes the current situation of the research on this problem by domestic and foreign scholars.On this basis,it puts forward the innovation of this article;The second part is the overview,mainly about explaining the meaning of confession penalty leniency system,expounding the legitimacy of the system,combing the existing legal system that the penalty provisions pleaded guilty leniency system,finally introducing the overall system design in the Pilot Scheme;The third part is to analyze the practical needs of the perfection of the system.Based on the background of the reform of the judicial system,perfecting the system that conforms to the requirements when the rational allocation of judicial resources under the new situation,combined with the personnel system reform and the "Centralism judgment" litigation system reform,perfect the necessity of punishment leniency system recognize guilty;combining with the empirical research pilot interim report and scholars that shows that the current guilty penalty leniency system to be perfect,such as the concept of law isnot clear,the overall advancement system is not harmonious.The fourth part investigates the extraterritorial related systems,mainly introducing the most representative systems,such as the plea bargaining system in the United States,the pleading system in the UK,the German litigation consultation system,and analyzes the advantages of these systems for the perfection of our system.The fifth part is the perfect part of the system,from the aspects of substantive law and procedural law safeguard measures and supporting the proposed targeted,in line with China's national conditions proposals,such as the concept of entity law and to perfect the system and expand the system scope,procedure level including adhere to the existing standard of proof,the establishment of sentencing procedure and plea negotiation mechanism,the safeguard measures proposed to improve the supporting system of defense,security,the establishment of voluntary confession multi angle discovery system,accurate response problems of the current system,makes the system more perfect system of.The sixth part is the conclusion and prospect,summarizes the whole idea of the article,and combs the views of this article.
Keywords/Search Tags:Centralism judgment, Confession, Litigation negotiation, Disclosure of evidence
PDF Full Text Request
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