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Study On The System For Imposing Lenient Punishment On Those Pleading Guilty Or Accepting Punishment

Posted on:2019-10-28Degree:MasterType:Thesis
Country:ChinaCandidate:H T SongFull Text:PDF
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In November 2016,The two-year trial of a Plead Guilty and Lenient Punishment was officially launched in 18 cities,including Beijing and Shanghai.This system is an experimental system reform which based on the analysis of the current judicial practice in our country,and it has scientific theoretical basis and realistic basis.As a supporting measure of "the reform of the trial as the center of criminal procedure",the leniency of confession and punishment is highly consistent with the actual needs of judicial reform,which is significant in saving judicial resources,improving the efficiency of litigation,constructing reasonable litigation procedures and improving the quality of cases,which reflects the tendency of China's current punishment to be moderated.This paper is divided into four parts:The first part discusses from the expeditious procedure to the confession of the leniency system.As a previous exploration of the leniency system,the expeditious procedure has achieved good results during the pilot period.So this part,we introduce how to smoothly transition from criminal expeditious procedure to pleaded guilty to forfeit their light system,with the aid of the requirements of judicial reform in our country and criminal rate cut during the pilot program summary of experience,for the steady connection between two systems provide some advice.The second part of the argument is to accept the meaning and the basis of the broad system.This part introduces the meaning of "confession","punishment" and "leniency" in the leniency system,and the difference between the plea bargaining and the American plea bargaining.It elaborates on the basis of the trial basis of the system,the criminal policy of leniency in the theoretical basis,the principle of procedure shunt,the increase in the number of cases and the decrease of the case.The third part discusses pleaded guilty to forfeit their current situation and problems of pilot from system.This section begins with a summary of the application of the system,including human rights protection,non-incarceration,etc.Secondly,the paper discusses some problems during the pilot period,including the standard of the case,the trial level of the case,the way of the case,and the protection of the victim'srights in the process.The fourth part discusses pleaded guilty to forfeit their improvement of the system of decently.This part is to propose some suggestions for the third part,including the guarantee of the criminal suspect,the voluntary safeguard of the defendant,the implementation and improvement of the duty lawyer system,the construction of the procedure,the confirmation of the broad range and the neutrality of the judge.
Keywords/Search Tags:System for Imposing Lenient Punishments on Those Pleading Guilty, Trial-Centered Criminal Procedure System, Tempering Justice with Mercy
PDF Full Text Request
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