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Research On The Application Of Lenient Punishment System For Guilty Plea

Posted on:2020-02-09Degree:MasterType:Thesis
Country:ChinaCandidate:C R WangFull Text:PDF
GTID:2416330572978145Subject:Marxist Jurisprudence
Abstract/Summary:PDF Full Text Request
By summarizing the two-year pilot experience,on October 26,2018,the Sixth Session of the Standing Committee of the 13 th National People's Congress passed the "Revision of the Criminal Procedure Law of the People's Republic of China",which improved the relevant regulations on the system of lenient punishment for guilty plea.It has deepened its understanding and helped to accurately apply the system.Although the state has consolidated the theoretical results of the pilot from the legal level and further promoted the improvement of the system in judicial practice,the system Inconsistent with the traditional judicial concept of our country,there are still many complex application issues that need to be further improved,such as the specific judgment of the judiciary on "guilty plea",the relevant performance of "punishment" and the leniency adopted still need to be unified.Therefore,taking into account the particularity of our criminal procedures and the consistency of judicial concepts,this paper analyzes the dilemma encountered in practice by studying the connotation of the lenient system and the main performance in the judicial practice and the related systems at home and abroad.Under the premise of implementing the criminal policy of combining leniency with severity and guaranteeing judicial impartiality,it is the focus of promoting the diversion of complicated and simple criminal cases,optimizing the allocation of judicial resources,and improving the efficiency of litigation.This paper puts forward some reasonable Suggestions to improve the application rules of lenient punishment for guilty plea in China and promote the maneuverability of judicial practice.
Keywords/Search Tags:lenient punishment for guilty plea, combining punishment with leniency, plea bargaining, perfect measures
PDF Full Text Request
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