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A Voluntary Study Of Pleading Guilty In The Case Of "Confession Of Punishment And Leniency"

Posted on:2019-01-14Degree:MasterType:Thesis
Country:ChinaCandidate:X SunFull Text:PDF
GTID:2416330566479126Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The combination and balance of justice and efficiency is the goal pursued by modern judiciary for a long time.With China's society entering the stage of transformation and development,various contradictions are highlighted,the number of criminal cases increases,and the pressure of handling cases is increasing.This makes the judicial organs face the greater contradiction between sticking to justice and improving the efficiency when dealing with criminal cases."Leniency and leniency" is a judicial system to solve the problem of "fewer cases and fewer cases" and scarce judicial resources in China.It not only draws on the related systems of "guilty plea" and "plea bargaining" in Anglo American legal system,but also integrates and extends the criminal policy of "tempering leniency" in our country.The system of leniency and leniency includes three aspects: "confession","punishment" and "Leniency".The most important thing in these three aspects is "pleading guilty"."Confession" is the premise and foundation of the two systems.Without "confession",there will be no "punishment" or "Leniency".Therefore,there are many questions about "plea" which are worth studying and discussing,the core of which is the real and voluntary,voluntary and real("voluntary")of "confession",including what is the voluntary nature of "plea",the voluntary performance of "plea" and how to guarantee the voluntary nature of "plea".This series of questions are the key theoretical issues of voluntary confession,and so on.The voluntary problem of "plea" is more diverse and complex in practice.Therefore,it is necessary to study the "plea" voluntary problem in theory and to combine the actual situation in criminal justice.In this paper,the voluntary question of "pleading guilty" and "pleading guilty" is divided into theoretical level and practical level.From the theoretical level,the basic concept of "plea" voluntary and the concept of "plea" and "voluntary" must be clear,which is the root of the voluntary problem of "plea".However,the special significance and value of "confession" is the first innovation of this paper.Confession "voluntary" is the basic attribute of all criminal cases,but in the case of "plea and punishment leniency",the voluntary nature of "plea" is of special value and significance.To study the relationship between confession and voluntary confession is the content of voluntary confession.Because the authenticity of confession is the essential requirement of confession.In most articles,most of the research on the voluntary nature of "plea" is carried out from the perspective of censorship and supervision,and there is no discussion on how to promote the voluntary confession of criminal suspects and defendants in most articles,and therefore how to promote recognition in this part.The voluntary nature of the crime is worth studying.On the theoretical level,another important problem is the relationship between voluntary confession and "punishment" and "Leniency".In particular,voluntary confession and voluntary confession should be distinguished.In theory,voluntariness of "pleading guilty" can not be equal to the voluntariness of "confession and punishment".There are great differences between them.On the other hand,"recognition punishment" and "Leniency" also have a great influence on the voluntariness of "pleading guilty"."Voluntary confession" is not an isolated existence."Punishment" and "Leniency" play a great role in voluntary supervision and promotion of confession.From the practical level,it is necessary to discuss how the voluntary nature of "plea" is determined,including the pilot measures and the provisions of the voluntary determination of "plea" in each pilot area and how the current practice is to promote,examine and identify the voluntary nature of "plea".Next,we need to discuss the problems and shortcomings of voluntary confession,promotion,inspection and supervision in practice.In practice,the voluntary guarantee of "pleading crime" is far from the theoretical level,especially in the promotion of criminal suspects and defendants' voluntary "confession".Finally,in practice,we need to discuss the protection of voluntary confession and voluntary supervision of confession.Only by perfecting and supervising the voluntary process of "pleading guilty",can we really play its role in the system of leniency and leniency.
Keywords/Search Tags:Plea and punishes leniency, voluntariness, authenticity, consult, duty lawyer
PDF Full Text Request
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