Font Size: a A A

Study On The Leniency System Of Confession And Punishment

Posted on:2019-11-02Degree:MasterType:Thesis
Country:ChinaCandidate:Q L WuFull Text:PDF
GTID:2416330545980897Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
It is an important reform in the field of criminal justice to improve the efficiency of litigation and protect the human rights.Lenient punishment means that the accused is willing to admit his crime voluntarily,and he is willing to accept the punishment for his accusation.He can be lenient according to law.At present,there are some problems that need to be solved in the process of the construction of confession punishment.For example,the incentive means of the investigative organs and procuratorial organs are too restrictive,and the difference in the stages of widening is not reflected in the system,and the wide standards vary from place to place.In practice,the sentencing consultation has "gone through the field",and has not played a role in the substantive impact of the negotiation on the result of the sentencing.Due to the function of the duty lawyer,the judicial organs control the information of the case,which leads to the wrong information of the two parties.The function of the duty lawyer's function makes it difficult to guarantee the voluntary and sensible punishment of the accused.The supervision of sentencing consultation process is not enough.In view of the many problems in the construction of leniency system in our country,we should improve it from the following aspects.First of all,the pre-trial phase moderately relaxed the investigation organ,the procuratorial organs to cancel,decided not to prosecute,according to the specific case to simplify cancel,not to prosecute the audit procedures,and refinement in the greater confessed forfeit system conditions apply cancel,not to prosecute,at the same time,set up scientific,greater elasticity of periodic differences increase the incentive effect.Second,strengthen the authority of a lawyer on duty,gift duty lawyer "defenders" status or part of the rights of the defenders among them,the most important is the rights to marking and evidence materials to verify,it is prerequisite to promote sentencing negotiations essence,because the two sides of information equivalence,is negotiating with the result of sentencing essence of key,at the same time,the duty lawyer function strengthen,also for the accused man confessed forfeit their voluntary,wisdom provide strong guarantee.Finally,strengthen the function of the legal supervision department of the duty lawyer and procuratorial organ as the "supervisor",give them the right ofprosecution,criticize the establishment of the right of negotiation,and supervise the behavior of the deliberative body;At the same time,it is possible to consider the participation of the judges and other third parties in the negotiation process and supervise the actions of the two parties.
Keywords/Search Tags:plea for leniency, Sentencing negotiation, Duty lawyer, Litigation efficiency
PDF Full Text Request
Related items