A Study On The Admission Of Guilty And Acceptance Of Punishment System Under The Perspective Of Protection Of Rights

As one of the important decision-making contents of comprehensively advancing the rule of law,the admission of guilty and acceptance of punishment system has played the advantages of improving the efficiency of litigation,optimizing the procedures of judicial resources,but there are some problems that need to be improved.The admission of guilty and acceptance of punishment system is different from the criminal summary procedure in the past of our country,which is not only greatly simplified in the program,but also has the corresponding leniency in the physical result.As the key link in constructing the socialist criminal justice system,we must think about how to improve the admission of guilty and acceptance of punishment system.Due to the admission of guilty and acceptance of punishment system,which is a system with both physical value and procedural value.To simplify the process of handling cases and to accept the proposal of sentencing is likely to impair the rights of the parties involved in the case.Therefore,only by attaching importance to the protection of the rights of the parties,can we make the admission of guilty and acceptance of punishment system be more perfect.About the discussion of the study on the admission of guilty and acceptance of punishment system under the perspective of protection of rights,this article will expand arounding the following:The chapter one,a summary of the the admission of guilty and acceptance of punishment system.Through the analysis of relevant normative documents,analyzeing one by one of the application conditions,application stages,scope of application and participation subject of the system.Compare the admission of guilty and acceptance of punishment system with the summary procedure,the criminal reconciliation procedure and the speed cutting procedure.It also explains the three core contents: admission of guilty,acceptance of punishment and leniency,by summarizing and analyzing the relevant opinions,showing the unique design goal and program positioning of the acceptance of punishment system.The chapter two,the protection of the rights of the parties in the the acceptance of punishment.From the normative perspective,analyzes the deserving right content of the victim and the accused person,and the right to be actually enjoyed in the admission of guilty and acceptance of punishment system.Summarize the significance of attaching importance to the protection of the rights of the parties in the admission of guilty and acceptance of punishment system : it is beneficial to standardize the behavior of public prosecution organs,constructing non-confrontational litigation pattern,improving the human rights protection level of criminal justice activities.The chapter three,the problem of the protection of the rights of the parties in the admission of guilty and acceptance of punishment system.Taking the two main lines of the victim and the accused person,respectively analyzes the deficiency of the two subjects' rights protection in the admission of guilty and acceptance ofpunishment system.The chapter four,the settlement of the rights protection problem of the parties in the admission of guilty and acceptance of punishment system.From the two aspects of system design and related supporting measures,summarizes the shortcomings of the admission of guilty and acceptance of punishment system.Aiming at the different problems between the victim and the accused person the two main parts,the countermeasures are put forward respectively.