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Study On The Leniency System Of Confession And Punishment In Criminal Cases

Posted on:2019-07-30Degree:MasterType:Thesis
Country:ChinaCandidate:S S WeiFull Text:PDF
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The system of leniency and leniency comes from the criminal policy of combining punishment with leniency.Since the fourth Plenary Session of the 18 th CPC Central Committee,the system of leniency and leniency was introduced,theoretical and practical circles have conducted in-depth research on the system of confession and punishment in criminal cases.These are the top reformers from the macro level,the outline of the penalty system of confession blueprint,aims to establish leniency,the classification of the criminal justice system,developed a program for top-down judicial reform.The criminal case confession and punishment leniency system should be an integration and supplement based on the existing system.However,the document only provides a general rule for leniency and leniency,and its basic principles,breadth,handling procedures and applicable conditions need further exploration and research.This article is divided into four parts.The first part is an overview of the criminal case admission penalty leniency system.Mainly introduces the meaning of lenient penalty to carry out criminal cases,pleaded guilty to recognize punishment leniency system to promote the leniency system specific and important exploration of criminal policy,to perfect the criminal litigation system,optimize the allocation of judicial resources,in accordance with the law in a timely and effective punishment of crimes,it is of great significance to strengthen judicial protection of human rights.We should take account of entities and procedures,achieve the best balance between fairness and efficiency,realize the optimal allocation of judicial resources,implement the criminal policy of Combining Leniency with severity,implement the rule of law lenient rule of law,and realize the beneficial exploration of human culture and negotiated justice in criminal law.The second part is the extraterritorial reference of the criminal case confession and penalty leniency system.This paper mainly introduces the American plea bargaining system and the German plea bargaining system,and makes acomparative analysis of the system of the two countries.Our country should draw on the extraterritorial results and practical experience,and select the appropriate judicial system according to the actual judicial situation in China and the key issues of the current judicial reform.TThe third part is the problems encountered in judicial practice in the plea-bargaining system of criminal cases.The procedures for pleading guilty and punishing the leniency case are still to be legislated;"victim participation" is in the form of flow;the collection of evidence is simplified and the standard of proof is reduced;the setting and function of the duty lawyer are still to be improved;the rights of criminal suspects and defendants are guaranteed.The fourth part is the suggestion of perfecting the system of confession and punishment of criminal cases.Mainly through the first one is to perfect the system of establishing guilty convictions and penalties;the second is to establish a victim procedural guarantee system and to strengthen the right of victims to participate;third is to strictly enforce the standards of evidence and insist that the evidence is “reliable and sufficient”;fourth is to establish a mandatory duty lawyer system.Fifth,improve the rights of criminal suspects and defendants.
Keywords/Search Tags:Pleading guilty cases, pleading guilt and punishment leniency, pleading guilt negotiation, tachycutting procedure, temper justice with mercy
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