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Analysis And Research On The Effect Of Leniency Reform In Pleading Guilty And Accepting Punishment

Posted on:2021-04-04Degree:MasterType:Thesis
Country:ChinaCandidate:Z M ChenFull Text:PDF
GTID:2416330602977867Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Socialism with Chinese characteristics has entered a new era.The criminal procedure law has made important changes.The leniency system of confession and punishment is one of the main contents of this revision.The system of leniency of guilty plea and punishment is applicable to the supporting procedural mechanism,which adopts the multi-level public prosecution mode of pre-trial filtration,separation of complexity and simplicity,separation of severity and speed.It is a major judicial reform task deployed by the central government to improve the leniency system of confession and punishment in criminal proceedings.It is also a reform to institutionalize and legalize the criminal policy of Combining Leniency with severity and to strengthen the judicial protection of human rights.This system promotes the deep reform of criminal procedure law in China.t has a long-term value for the realization of the goal of social equity and justice.To understand the establishment process of leniency system of confession and punishment and its application in practice,the author summarizes the practical experience,analyzes and studies its reform effect,implements the combination of leniency and strictness,strengthens the judicial guarantee of human rights,promotes the separation of complexity and simplicity,optimizes the allocation of resources,and promotes fairness and justice.For the problems and difficulties encountered in the system of leniency of confession and punishment in practice,such as different understanding of the connotation and boundary of the system,different views on the influence of the victim's understanding,low application rate of summary procedure and ordinary procedure cases,inconsistent standards of leniency of entities,the existence of the situation of the defendant's malicious repentance and punishment,and the role of the duty lawyer system has not been fully played,etc.,this paper makes a sorting out and analysis,and puts forward some suggestions To clarify the connotation and boundary of leniency of confession and punishment,adhere to the principle of leniency and moderation,explore the applicable mode of leniency of confession and punishment in summary procedure and common procedure cases,unify leniency sentencing standards,and improve the effectiveness of legal aid.
Keywords/Search Tags:Plead Guilty and Accept Punishment, Lenient Punishment, Processing Procedure, Reform situation, Reform effect
PDF Full Text Request
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