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Research On Protection Of The Victims In The System Of Leniency Based On Admission Of Guilt And Acceptance Of Punishment

Posted on:2021-02-18Degree:MasterType:Thesis
Country:ChinaCandidate:J H LiFull Text:PDF
GTID:2416330605958735Subject:Procedural law
Abstract/Summary:PDF Full Text Request
The Criminal Procedure Law amended in 2018 established the principled position of the leniency plea punishment and punishment leniency system,which plays an important role in meeting the needs of the socialist rule of law with Chinese characteristics in the new era and promoting the modernization of the national governance system and governance capabilities.With the operation and development of the system,while continuously improving the rights of criminal suspects and defendants,it also gradually exposed another problem that needs to be optimized:that is,the rights and interests of victims in the system of confession and punishment of leniency are to a certain extent.Ignored,and at the same time,theoretical research and judicial practice also have a certain degree of insufficient attention to the rights and interests of victims.The guilty plea punishment leniency system has important efficiency value,but it cannot ignore the rights and interests of the victim.The victim,as the bearer of the criminal act,smoothing the victim's injury is also one of the purposes of prosecuting the crime.Therefore,giving the necessary protection to the rights and interests of the victim in the system of confession and punishment is not only a need to balance the rights of the prosecuted person and the victim in the system,but also to prevent conflicts and inconsistencies caused by negative consequences such as injustice.Conflicting real needs.In view of this,how to protect the rights and interests of victims in the leniency plea confession system is a subject worthy of discussion and research.This article discusses the protection of the rights and interests of victims in the leniency plea confession system from theory and practice,and examines similar systems abroad The status of the protection of the rights and interests of the victims in order to try to put forward practical solutions to the problems in the protection of the rights and interests of the victims in the current system of plea and punishment leniency in China,in order to achieve the purpose of promoting a more rational operation of the system.
Keywords/Search Tags:Protection
PDF Full Text Request
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