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On The Construction Of Consultative Procedure Of Pleading Guilty And Pleading Punishment With Lenient Sentencing

Posted on:2019-06-15Degree:MasterType:Thesis
Country:ChinaCandidate:X LiangFull Text:PDF
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The Central Committee of the Communist Party of China proposes the criminal policy of Combining Leniency with severity under the new situation of building a harmonious socialist society.As the basic criminal policy of our country,It is of special importance to prevent and reduce crime to the greatest extent,to resolve social contradictions and to maintain social harmony and stability.The lenient system of confession and punishment is also put forward to better implement and implement the situation policy of Combining Leniency with strictness.In October 2018,the Sixth Session of the Standing Committee of the National People's Congress adopted a decision on Amending the Criminal Procedure Law of the People's Republic of China.The amendment of the Criminal Procedure Law added the leniency system of plea guilty to punishment,which demonstrates the determination of the national legislature to improve the leniency system of plea guilty to punishment.The procedure of sentencing consultation is the concrete operation mode of the system of pleading guilty and pleading lenient punishment.It refers to how to plead guilty and pleading lenient punishment,how to lenient punishment,and the extent of leniency.Sentencing negotiation is not a simple copy of the plea bargaining system of the United States in China,but a procedural exploration in line with China's national conditions.In practice,criminal justice activities have been involved in sentencing consultation,and the theoretical circles have also given wide attention to the relevant content of sentencing consultation.It is justifiable and feasible to construct the consultation procedure of pleading guilty and pleading guilty and punishing lenient sentencing in our country.Sentencing consultation procedure can highlight the principal position of the accused,strengthen the breadth and depth of lawyers' participation in litigation,and improve litigation efficiency without compromising judicial justice.The implementation of sentencing consultation procedure in our country is the meaning of the topic in the process of the independence of sentencing procedure,and has the support of legal norms and the practical basis after the pilot project.However,we do not deny that there will be many difficulties in the construction of sentencing consultation procedure,not only the obstacles to the construction of sentencing consultation procedure caused by the imperfection of the leniency system of confession and punishment,but also the predicament caused by the lack of equality basis of sentencing consultation and the cumbersome process of handling criminal cases in our country.Therefore,to construct our country's consultation procedure of pleading guilty,pleading guilty,punishing and sentencing,we need to consider realistic factors from various perspectives.It is necessary to make clear that the main bodies involved in consultation are procuratorial organs and victims,defense lawyers and defendants.Appropriately expanding the scope of applicable cases,focusing on the inclination to felony cases.Explore flexible ways of proof and grasp strict standards of proof.Construct the process of sentencing consultation,reasonably grasp the scope of negotiation;at the trial stage,focus on the voluntary review of the accused,and set up reasonable relief procedures.
Keywords/Search Tags:Plea and punishes leniency, Negotiation and negotiation, Sentencing consultation procedures
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