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Research On The Defendant's Voluntary Rights Of Plea-Guilty And Lenient Punishment System

Posted on:2019-04-09Degree:MasterType:Thesis
Country:ChinaCandidate:M Y JiaFull Text:PDF
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This article begins with the protection of the defendant's voluntary rights and analyzes the nature and characteristics of the guilty and punishing.In the system of voluntary surrender,confession,and criminal reconciliation,the spirit of the broadened criminal law can be embodied,and the voluntary nature of the accused person included in the system also establishes a certain foundation for the voluntariness of confession and punishment.In our country's practice,there are still many problems in the protection of voluntary rights,such as the inconsistent standards of voluntary judgment,the lack of effective participation of lawyers,and the formalization of trial procedures.Such expedited procedures can also find precedents in the international practices,such as the plea bargaining system representing the United States in the Anglo-American legal system and the sentencing negotiations in the continental legal system representing the German penalty order,and the summary procedure in Italy.At the end of this paper,the issue of the voluntary protection of the defendant is discussed in detail.In addition to the introduction and conclusion,this article is divided into the following four chapters:Chapter one briefly introduces the meaning of China's plea bargaining system and the whole process from its establishment,development and perfection.As for its nature,it has the dual attributes of the entity and the program,which is the development and exploration of the expedited program,but it is not an independent system.There are three obvious features of the system of pleading guilty,punishment and punishment:(1)It is a collective legal system.(2)It is a comprehensive legal system integrating entities and procedures.(3)It is a legal system that encourages the culprit to obtain a lenient treatment through sincere penitence.The basis for the voluntary construction of the system of confession and punishment includes voluntary surrender,confession,expedited procedures and criminal reconciliation.The voluntary and confession system contains the spirit of confession and confession.The common denominator of summary procedures and guilty convictions is to simplify the proceedings and save judicial resources.However,summary procedures apply to light crimes of up to one year.In criminal reconciliation,it is required that the prosecuted person voluntarily pleads guilty and reaches into reconciliation with the victim.What concerns is the victim's compensation and understanding.This is also reflected in the system of guilty and penalizing.The second chapter mainly analyzes the shortcomings exposed by the application of guilty plea system in China during the two-year pilot period.There are mainly two aspects of legislation and practice.The standard for confessing and punishing is not uniform.It can be seen from the pilot scheme that the standard for guilty guilt is relatively low,and the defendant can only be regarded as guilty if the defendant to have no objection to the alleged facts,and the writer believes that the standard of defendant to confess his crime should be raised to a certain degree of the defendant's legal awareness of his own crimes,including the value judgment of the person being prosecuted.For different degrees of confession and punishment,judgement should be conducted under uniform standards to determine the proportional relationship between guilty plea and punishment in different degrees.The formalization of court trials is also a prominent issue in practice.Some judges are unaware of the importance of trials,and believe that there has been a written confession and punishment,and the defendant has voluntarily pleaded guilty and punished.There is no need for court trials to be reviewed and debated.Now.The author does not agree with this.The trial is not only important but also necessary.This is an important line that guarantees the defendant's willingness.The trial should also leave room for the sentencing debate.Insufficient lawyer involvement and the limited right of defense lawyers on duty are also detrimental to the protection of the defendant's voluntary rights.The third chapter analyzes the voluntary guarantee of foreign related systems.The system of the plea bargaining system of the United States and the United States,the representative country of the United States,and the sentencing system of the penal penalties procedure of the representative of Germany,the representative of the civil law system,and the three typical countries of the Italian summary procedure were selected.The plea bargaining in the United States can cover all cases except the defendant's defense of innocence,which covers a wide range of areas.Plea-bargaining can negotiate the crime,the number of crimes,and the sentencing.It is different from our country's ability to negotiate only for sentencing.The defendant's lawyer's right to help is mainly used to ensure that the defendant's knowledge of the consequences of the transaction.The defendant is also given the right to choose the procedure to protect the defendant's voluntary nature.The German criminal punishment order was filed by the prosecutor's office for misdemeanor.If the defendant raises an objection,the case is transferred to ordinary proceedings.It protects the defendant's voluntary nature on the basis of facts and defendant's right of objection.Italian summary procedures are mainly divided into five categories: 1.Simplified trial procedures;2.Application of penalties according to the requirements of the parties;3.Fast trial procedures;4.Immediate trial procedures;They are all simplifications of the procedure,and only the above-mentioned second procedure involves the issue of substantive conviction and sentencing,and only it reflects the complete voluntary nature of the parties."According to the requirements of the parties" reflects its voluntary nature.This has the same features as the voluntary nature of our system.China has not yet made explicit provisions on the subject of the proposal.As long as the parties agree and meet the requirements of the law,they can apply it directly.Chapter four,based on the above analysis of voluntary guarantee of plea bargaining leniency system,puts forward some suggestions on legislation and practice.In the legislation,it should be ensured that the person to be prosecuted should clearly accept the consequences of procedural choices,including three stages of investigation,prosecution and trial.The person being prosecuted must not only get the help of the duty lawyer,but also have the right to obtain an effective defense of the lawyer,not only at the trial stage,but also to advance the participation time to make up for the lack of legal knowledge of the person being prosecuted.By making a reasonable distinction between voluntary confession and voluntary voluntariness in order to allow more criminal cases to be included in this procedure for trial,it also alleviates the psychological pressure on the prosecutor to have opinions on sentencing,which in turn hinders the system from being able to express it voluntarily.In terms of procedure selection,the person being prosecuted may exercise the right of repentance before the verdict to make the procedure go back,and may also apply for an appeal after the verdict.The court should focus on examining the factual basis of the case to ensure that the entity is genuine.In trial activities,it should be both fair and efficient.It should promote each other,and not just one of them.This system reform will undoubtedly greatly reduce the burden of criminal trials and have a profound impact on the development of the entire criminal justice system.
Keywords/Search Tags:Guilty plea, Voluntary, Plea bargaining, Factual basis
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