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Study On The Protection Of The Rights Of The Defendant In The Lenient System

Posted on:2020-05-22Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiFull Text:PDF
GTID:2416330596987508Subject:Law and law
Abstract/Summary:PDF Full Text Request
In recent years,the number of criminal cases in China has been increasing and tending to be lightly criminalized,resulting in a shortage of judicial resources and inefficient litigation.Under the guidance of China's lenient and strict criminal policy concept,in 2016,China gradually carried out the pilot work of pleading guilty and lenient in some areas.After two years of implementation,pleading guilty and punishing the levy system to save judicial resources and improve litigation efficiency Significant and one of the highlights of the new Criminal Procedure Law.However,as far as the current implementation of the system is concerned,the defendant's rights protection has been neglected or even infringed.If it is not regulated and improved,it will not only be detrimental to the development of the system but will also undermine judicial justice.This article focuses on continuously strengthening the rights of defendants.Firstly,it is stated that the confession and punishment system is based on the practical needs of the institutionalization of lenient and strict criminal policy and the practical need to save judicial resources and improve litigation efficiency.And clarified the basic content of the system.It is clear that the confession of confession and punishment to strengthen the defendant's rights protection from the wide system helps the defendant's human rights protection,raises the rate of application of the confession and punishment,and restricts the abuse of power by the judicial organs.Secondly,it expounds the problems in the practice of pleading guilty and confessing the defendant's rights protection in the wide system,the notification procedure is not strict,the defense system is not perfect,the voluntary examination is not in place,the sentencing advice is unreasonable,and so on.Finally,it examines and analyzes the practice of defending the rights of defendants in similar systems in extraterritorial countries and draws lessons from them.Based on the above,the confession of confession and punishment from the lenient system to further strengthen the protection of the defendant's rights proposes the improvement and refinement of the legislative provisions,the construction and improvement of the supporting system,and the strengthening of the judicial responsibilities as the main content.
Keywords/Search Tags:Plea for leniency, Defendant, Rights protection, Improvement measures
PDF Full Text Request
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