Font Size: a A A

Analysis Of The Value Of Efficiency And Justice Under The Lenient System Of Pleading Guilty

Posted on:2020-12-17Degree:MasterType:Thesis
Country:ChinaCandidate:S ChenFull Text:PDF
GTID:2416330599457192Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The confession and confession refers to a series of entities and procedures for the severance of criminal suspects and defendants in the scope of the criminal procedure law,which encourages them to voluntarily plead guilty and punish them.Aspect system.First of all,the voluntary nature of the defendant's guilty plea is a prerequisite for the implementation of this system.It should be ensured that the suspects and defendants are based on equal and voluntary and complete cognitive understanding.There is a very clear understanding of the crime and the consequences of the corresponding punishment.There is no such situation as extorting a confession by torture.The lenient or mitigation of the stipulation is not limited to the lenient of the crime and the number of crimes.The plea bargaining system refers to the prosecutor acting as the complaining party and the defense lawyer acting on behalf of the defendant before the court hearing,in order to plead guilty to the accused by the prosecutor to revoke the allegation,downgrade the accusation or require the judge to be sentenced to a lighter sentence.The defense,and the two sides reached a system of acceptable agreements.Because there has always been a voice of pleading guilty from the lenient system to the plea bargaining system,after the comparative analysis,the author concludes that the two have different standards in terms of proof,crime,lenient,and negotiation.The value of efficiency is an important value of the market economy.These include economic efficiency and social efficiency,physical efficiency and procedural efficiency,individual efficiency and social efficiency.The implementation of a lenient system of confession and punishment is conducive to the realization of the efficiency value of the law.The maximization of the input cost in the litigation process can maximize the benefit of the litigation results,and solve the contradiction between the limited judicial resources and the high incidence of criminal cases.It is conducive to the efficient use of production resources and high output;it is conducive to reducing the judicial cost and the healthy and healthy operation of social rights.The theory of justice value provides a strong theoretical foundation for the confession of confession and punishment.Justice is the value of the law that should be pursued first in the field of public law in China today.Through the re-review of Aristotle's justice of distribution and correction,Rawls' s substantive justice and procedural justice,it is not difficult to find that confessing guilty from the lenient system in realizing the justice value of the law,especially its impartiality.In terms of it,it is quite criticized.But in reality,pleading guilty is not a departure from these basic principles and rules.On the contrary,it is the reality of these principles and rules.The original intention of the confession and punishment system and the operation process contain rich efficiency value theory and justice value theory.We have become a key part of the reform of China's criminal litigation system by discovering the disputes in the pilot,unifying the standards and further improving them.On this basis,we will safeguard the legitimate rights and interests of citizens and build a society ruled by law and a harmonious society.
Keywords/Search Tags:Plead confessions and punishments, plea bargaining, efficiency value, justice value
PDF Full Text Request
Related items