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Research On Sentencing Recommendations In The Leniency System On Admission Of Guilty And Punishment

Posted on:2021-02-20Degree:MasterType:Thesis
Country:ChinaCandidate:X BaiFull Text:PDF
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The leniency system on admission of guilty and punishment is one of the important of contents in the judicial reform of criminal prosecution in China.Under the system,the prosecutor's opinion on sentencing is no longer an " autocracy" but an agreement and signature with the defendant and his defense counsel or the duty lawyer,which becomes a key and core part of the system.The quality of sentencing proposal is also directly related to the realization of the purpose of the system,and it also puts forward new requirements for the procuratorate.The construction of high quality sentencing is conducive to maintaining the legitimate rights and interests of the defendant,encouraging him to confess his guilt as soon as possible,building up the sense of judicial power,and at the same time is conducive to promoting the prosecution and victim to reach a criminal reconciliation,to achieve the purpose of restorative justice.But in practice,because prosecutors sentencing recommendations of the inexperienced harm factors changes too,on duty lawyer involved in negotiating greater formalization,amplitude criterions for unknown reasons such as the procuratorate in sentencing proposal appeared disorder,so it is necessary for us to greater confessed forfeit their system of sentencing proposal for researchThis article takes the suggestion of sentencing in the leniency system of pleading guilty and punishment as an entry point,combs the survey data,analyzes the current situation of the sentencing recommendations of the confession and punishment cases of grassroots procuratorates in China,and explores the problems on this basis,and analyzes the problems The reason,and finally put forward perfect suggestions for solving the previous problems,with a view to helping the prosecution's sentencing recommendations.This article is divided into four chapters for researchThe first chapter uses the confession and punishment cases of the procuratorate in District D as a reference object to analyze the problems in the application of sentencing recommendations.Based on the survey data of the punishment and punishment cases in the District D procuratorate,the data are combed and statistically analyzed,and the problems of the leniency and punishment leniency system in China are analyzed and reflected,which are mainly manifested in the following three aspects:insufficient standardization The formalization and precision of sentencing consultation are not high.It mainly discusses on the inconsistency of sentencing guidelines,unclear standards,improper application of probation,uncertain amount of fines,lack of voluntariness of the prosecuted person,and formalization of lawyerparticipation.Chapter 2 is based on the problems that arise in the application of sentencing recommendations in confession and confession cases,and analyzes the causes of the problems in depth.The detailed analysis is made from three aspects:the procuratorate's own reasons,the reasons for the confession and punishment leniency system,and the reasons for the judge.The third chapter is the particularity of the punishment and punishment leniency system.Starting from the value orientation and significance of the guilty plea punishment leniency system,the theory of the system and sentencing recommendations are discussed,the necessity of sentencing recommendations is analyzed,and the new features of sentencing recommendations in the guilty confession punishment leniency system are analyzed.Chapter 4 addresses the problems arising from the prosecution's sentencing recommendations in practice.Based on the actual situation,it provides targeted recommendations for the first chapter's problems and creates conditional sentencing New ideas such as the proposal,the personalization system of lawyers on duty,and the property deposit system are expected to solve the above problems.
Keywords/Search Tags:leniency system on admission of guilty and punishment, sentencing proposal, sentencing negotiation
PDF Full Text Request
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