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Study On The Re-application Of The Lenient System Of Guilty Plea In Trial

Posted on:2021-01-03Degree:MasterType:Thesis
Country:ChinaCandidate:X ZhaoFull Text:PDF
GTID:2416330602993667Subject:Science of Law
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In October 2014,the Fourth Plenary Session of the 18 th CPC Central Committee proposed to "improve the reform of the system of lenient punishment and confession".Subsequently,pilot work was carried out in 18 pilot places nationwide,which is one of the most critical reforms in the current reform of China's criminal justice system.The leniency system of guilty plea is a new system to solve the old and new problems of the criminal justice system.This paper combines relevant domestic and foreign literature,relevant legal documents and implementation situation,and conducts theoretical research and discussion on the re-application of the system.The main content of this paper is as follows:Part One: Introduction.This part expounds the research background,research object,domestic and foreign relevant system research status and research methods.Part Two: the introduction of the lenient punishment system.This part expounds the meaning of the system of leniency from three aspects: the definition of confession,the definition of punishment and the grasp of leniency.Part Three: An introduction to the theory of reapplication.This part explains the definition of re-applicability,discusses the application stage and case scope of re-applicability theory,and analyzes the similar legal concepts.Part Four: the significance and research foundation of the reapplication theory.This part points out that the significance of the re-application theory is to develop the "mixed" litigation mode and solve the problem of the justification of punishment.The research basis of the re-application theory is the criminal policy of tolerance,the principle of the adaptation of culpability to punishment and the basic principle of leniency according to law.Part Five: research on the applicability of the trial stage.This part points out three kinds of variability of the reapplication procedure in the trial stage.At the same time,it points out five problems in the reapplication,such as the difficulty of reapplication in the case of non-guilty plea,different standards of reapplication in the case of guilty plea,the limitation of the defendant's right of reapplication,the limitation of the victim's right of reapplication and the limitation of the duty lawyer's function of reapplication.Part Six:the reason analysis of the reapplication problem in the trial stage.This part points out that the reasons for the re-application problems are the harsh conditions for the re-application of non-guilty plea cases,the vague standards for the re-application of guilty plea cases,the inadequate protection of the defendant's rights,the lack of participation of the victim,and the formality of duty lawyer's defense.Part Seven: the theory research of perfecting the reapplication in the trial stage.In this part,five countermeasures and Suggestions are proposed to improve the theoretical research on the reapplication of the trial stage by lowering the conditions for the reapplication of the cases of non-confession and punishment,clarifying the standards for the reapplication of the cases of confession and punishment,strengthening the protection of the rights and interests of the accused,increasing the victim's starting subject,and improving the defense quality of the lawyers on duty.Part Eight: Conclusion.This part summarizes and summarizes the main content of the whole research paper,and further clarifies the research direction and prospects for the future.
Keywords/Search Tags:the system of leniency of punishment and admission of guilt, re-application, justice, efficiency
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