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Research On Sentencing Recommendations In The Lenient System Of Admission Of Guilt And Punishment

Posted on:2020-10-20Degree:MasterType:Thesis
Country:ChinaCandidate:W C NieFull Text:PDF
GTID:2416330572986782Subject:legal
Abstract/Summary:PDF Full Text Request
Admission of guilt and lenient punishment system,since the 18 since the fourth plenary session of the proposed,to be formally established in 2018,the new revision of the criminal procedure law,from the initial 18 major cities of the country's pilot to apply to carry out comprehensive,has obtained certain achievements,for the criminal cases and simplified shunt,saving the judicial cost,optimize the allocation of resources,improve the system of judicial efficiency has made the contribution.And the introduction of sentencing consultation mechanism makes greater confessed forfeit their system of procuratorial organ's sentencing recommendations procuratorial organs of sentencing suggestion is different from the general case,the inclusion of a criminal suspect or the defendant and his defense attorney and procuratorial organs of the agreement on sentencing,the procuratorial organs of sentencing proposal became greater confessed forfeit the core of the system,it can be accurate and effective to carry out the relationship between the greater confessed forfeit their system can be effectively applied.The key to the lenient punishment system is leniency,and the key to the sentencing recommendation in the lenient punishment system is leniency.Therefore,on the premise of ensuring judicial justice,how to accurately and efficiently put forward sentencing recommendations has become the focus of theoretical and practical research.Based on the sentencing recommendations of the procuratorial organs,this paper analyzes the existing problems in the sentencing recommendations of the lenient punishment system for admission of guilt through theoretical research on the lenient punishment system for admission of guilt and the lenient punishment system.To guarantee the voluntary nature of criminal suspects and defendants in confessing their crimes and accepting punishment;To strengthen consultation on sentencing between defense lawyers and procuratorial organs;To strengthen the judge's recognition of the sentencing recommendations and so on,and to improve the sentencing recommendations of the procuratorial organs in China's system of lenient punishment for guilty plea,some countermeasures are put forward.
Keywords/Search Tags:admission of guilt and lenient punishment system, sentencing recommendations, sentencing negotiations, procuratorial organ, criminal suspect, defendant
PDF Full Text Request
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