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Research On The System Of Pleaded Guilty And Accepting Punishment In China

Posted on:2019-03-05Degree:MasterType:Thesis
Country:ChinaCandidate:W G BaiFull Text:PDF
GTID:2416330545960982Subject:Law
Abstract/Summary:PDF Full Text Request
As a system innovation in the field of criminal litigation,the System of Pleaded guilty and Accepting punishment,it is not only a prescription for improving the efficiency of litigation and relieving social contradictions,but also the important thrust of the current comprehensive judicial reform.Pilot work is also busy at present to carry out,on the basis of system theory analysis combined with experience of the pilot practice summary and research deeply on the exposed problems of the system have both theoretical and practical significance.The defendant's guilty plea is the core element and precondition of the system.Both the confession and the punishment mean that the respondent has accepted the negative evaluation of his own criminal behavior.The admission of guilt is more a recognition of the past,but the punishment is more likely to be punished in the future.In the design of China's confession punishment system,the "leniency" is directly reflected in the system name,by exploring its rationality,whether it is the main body of the system,the analysis of the objective level,or the inevitable result of the application of the system,it gives the negative answer to this question.Through the analysis of the system of value and function orientation,the advantages of this system can be found,but the most can reflect the superiority of "consultation" process,not only in the existing file did not see,nor in the judicial practice.The standardization of the negotiation is not only in accordance with the original intention of the system,but also conducive to the realization of the system value.In judicial practice,the voluntary guarantee of the defendant's guilty plea has become a widespread concern.It is not only the necessary condition for the system to launch,but also the key element of the trend of the right and left procedures.Voluntary cannot guarantee will directly lead to the entire system for unfair and unstable.Therefore,it is necessary to perfect the judicial authority's obligation of disclosure,the right of defense marking,the strict proof of standard and the unrestricted right of repenting.In the case of the victim's embarrassing situation in the system,it is necessary to ensure the exercise of the corresponding litigation rights,to listen to and respect their opinions,and to prevent the judicial organ from being "bound" by this factor,and to guard against the phenomenon of "sitting and starting price",which affects the normal procedure.This requires that the victim's opinion be fully expressed through procedural norms,and that it is materially reflected in the sentencing proposal.Moreover,the unique role of criminal reconciliation in this field is fully brought into play,and the criminal reconciliation procedure as an alternative to public prosecution is distinguished from the criminal reconciliation process as a justification for leniency.As an important link,criminal reconciliation should be embedded into the system of Pleaded guilty and Accepting punishment and play an active role in promoting it.
Keywords/Search Tags:Pleaded guilty and Accepting punishment, The efficiency of lawsuit, voluntary, Criminal reconciliation
PDF Full Text Request
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