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Study On The Application Of Confession And Confession Of Bribery

Posted on:2020-12-22Degree:MasterType:Thesis
Country:ChinaCandidate:P ZhuFull Text:PDF
GTID:2416330590462316Subject:legal
Abstract/Summary:PDF Full Text Request
The confession of confession and punishment has completed the full coverage of criminal cases in the two-year pilot program.This article has conducted in-depth research on the bribery crime and the confession of confession and punishment.The application of this system in the crime of accepting bribes should be discussed separately from the following stages.First,the confession and punishment should be introduced into the investigation stage of the bribery crime supervision organ from the wide system,as a breakthrough point of the case,through the briber and the general briber.As a “stained witness”,it accused the heavier bribers of achieving the purpose of disciplining more serious crimes and exploring the feasibility of introducing a lawyer system during the investigation phase.Second,in the review and prosecution stage of the bribery crime procuratorate,the same standard of proof as the ordinary procedure is applied to avoid unjust and false cases.Give full play to the procuratorial organs' non-prosecution rights,expand the pre-trial diversion of confession and confession cases for accepting bribes,and refine the sentencing range of such cases so that the procuratorial organs' sentencing recommendations are based on the law.Third,in the first-instance stage of the people's court of accepting bribes,it is necessary to substantively examine the voluntary nature of the confession and punishment system,exercise the discretion,review the rationality of the sentencing recommendations and adopt them as appropriate,and simplify the cross-examination procedure for the confession of the conviction.Improve the efficiency of litigation,strengthen the judgment of judgments and improve the credibility of the judiciary.Fourth,in other stages of the crime of accepting bribes,it is also necessary to protect the parties' right of action from being infringed.In the second instance procedure,it should not be applied,and the result of pleading guilty in the first instance should be adopted as appropriate.This paper analyzes the whole process of the judicial process of accepting bribes,and starts from the two aspects of the procedure and entity of the confession and punishment system,in order to realize the good application of the confession and punishment from the wide system in the case of accepting bribes.
Keywords/Search Tags:Bribery, Pleading guilty, Sentencing, Proof standard, Judicial efficiency
PDF Full Text Request
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