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A Research Report On The Application Of Leniency System In Pleading Guilty

Posted on:2021-01-25Degree:MasterType:Thesis
Country:ChinaCandidate:P P LiFull Text:PDF
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It has been two years since the leniency system was written into the criminal procedure in 2018.In the early days of the system,quite a few scholars have raised some problems with the system.The academic community has never stopped the debate on this system.The original intention of setting up the system is to save judicial resources,improve the efficiency of handling cases,push forward the trial-centered litigation reform from the side,so that more and better judicial resources are concentrated in complicated and difficult cases.But the application of the system,both in the pilot areas and now throughout the country,is not encouraging.The main problems are the following: First,the prosecution is not very motivated to apply the system,since the system requires the completion of the review and prosecution of cases in a relatively short period of time,but other work has not been reduced accordingly,on the contrary,it has increased the procedures such as making an appointment with the duty lawyer,signing a written statement,and so on.From a certain angle,it has increased the workload of the case handlers.Secondly,the role of the duty lawyer is very limited.From the current practice,the duty lawyer is more of a witness,it does not have the rights of defense lawyers,such as the right to review files,or because there is a certain distance between the treatment of the duty lawyer and that of the defense lawyer,and the duty lawyer's enthusiasm for participating in the case is not high,it just signs things off;once again,the case handler can not decide whether to apply the system of leniency to the guilty plea,and the decision-making power of the case is still in the procurator-general,which makes the person directly responsible for handling the case can not have the decision-making power;Finally,there is still a lot of uncertainty in sentencing concessions,and there are some criminal prosecution of the guilty plea guilty guilty guilty guilty guilty guilty,but still appeal after the sentence.It is suggested that in the future application process,more simplified document-making procedures should be adopted to reward those units or individuals who have better effect in applying the system of leniency to guilty pleas and to guide duty lawyers to be granted more rights as defenders,the duty lawyer welfare treatment should be promoted,the judicial power of the right of prosecution should be decided by the case handlers themselves,and the corresponding sentencing standardization documents should be issued For some malicious plea guilty to admit punishment of the accused should be in accordance with the actual situation to protest or not subject to appeal without penalty.
Keywords/Search Tags:Plea bargain, leniency sentencing, duty lawyer, speedy trial
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