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Research On China's Pleasure And Punishment Confession System

Posted on:2019-04-26Degree:MasterType:Thesis
Country:ChinaCandidate:X Q WangFull Text:PDF
GTID:2416330566490740Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The guilty pleas and penalties are based on specific historical backgrounds and time backgrounds,and they have a solid theoretical foundation and a clear value orientation.The system of pleading guilty,penalizing and penalizing is a criminal system in which criminal suspects and defendants voluntarily confess their own facts of criminal behavior.On the basis of confession,they reach a consultation agreement with the procuratorate on sentencing and selection of procedures,etc.A comprehensive legal system of punishment.The promotion and implementation of the system of pleading guilty and punishing not only must focus on solving the problem of the scope of application of the guilty plea and punishment system in China,its breadth,the structure of the procedure,and the willingness of the defendant to plead guilty,but must also correctly deal with victims' legitimate claims.The spirit of pleading guilty and punishing actually runs through the entire criminal procedure.In other words,the various stages of “registration,investigation,examination and prosecution,and trial” include the spirit of pleading guilty and punishing.The author believes that the starting point of the plea bargaining system should be the case filing phase,and the court's final adjudication should be used as the end point of the plea-bargaining system to link the entire litigation process.The application of the system of pleading guilty,punishing and penalizing should not distinguish between minor offenses and serious crimes.In cases involving the lives of criminal suspects or defendants,the plea bargaining system should play a wider role in protecting the legitimate rights and interests of criminal suspects or defendants.The role.However,in the specific application,the applicable standards should be specifically divided according to different responsibilities so as to ensure the fairness and stability of the law to the greatest extent.The confession of confession and punishment does not mean that the culpability of the criminal suspect and the defendant should be reduced and the culpability of the criminal suspect and the defendant should be reduced,but that the criminal suspect and defendant should be subject to leniency within the bounds of "legal and legal punishment of crimes." Suspects and defendants made leniency decisions in addition to legal provisions.
Keywords/Search Tags:the Lenient System of Pleaded Guilty and Recognized Fine, Value Orientation, the Defendant Pleaded Guilty to Voluntary, Plea Bargaining
PDF Full Text Request
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