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Research On The Sentencing Suggestion System In The Leniency System Of Confession And Punishment

Posted on:2021-03-17Degree:MasterType:Thesis
Country:ChinaCandidate:Q Y ChengFull Text:PDF
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Since the Fourth Plenary Session of the 18 th Central Committee of the Communist Party of China proposed to "promote the reform of the judicial system centered on trial",the reform of the judicial system in China has entered a new stage of development.From the revision of legislation law in 2015 to the revision of civil procedure law and administrative procedure law in 2017,to the revision of criminal procedure law in 2018.China's legal system has obtained a great baptism.Through these amendments,it made up for the lag of the law at that time,improved China's legal system,complied with the overall goal of governing the country in accordance with the law,and formed a legal guarantee to meet the requirements of China's modern development and the overall strategy.In 2018,the amendment of the criminal procedure law summarized the experience of the pilot project from the perspective of upholding procedural justice and combining leniency with strictness,and increased the leniency procedure and quick adjudication procedure of confession and punishment.The biggest bright spot is that the procedure of confession and punishment is in the general provisions of the criminal procedure law in this amendment,which means that as the soul of the whole law,confession and punishment is integrated into the whole criminal procedure law,which has a guiding role in the implementation of the criminal procedure law.As the focus of the procedure of pleading guilty,the effective operation of sentencing suggestion is endowed with higher legal effect.Judging from the application in recent years,the coverage of sentencing recommendations in various cases is at a high level,and even reaches 100% in some areas.It can be seen that in the process of actively advocating the leniency system of confession and punishment,the development of sentencing suggestions has achieved gratifying results.However,with the wide application of sentencing suggestion under the leniency of confession,the sentencing suggestion system is also faced with the development problems,such as the conflict of the right of prosecution and trial,the inadequate consultation between prosecution and defense,and the phenomenon that the application of procedure is not standardized due to the rapid increase of the proportion of application,etc.,which make the sentencing suggestion system difficult to develop in high quality.Therefore,it is necessary to standardize the implementation of sentencingrecommendations continuously through the system level,so as to ensure the effective operation of sentencing recommendations in the proceedings,improve the efficiency of judicial proceedings,and promote the standardization of sentencing recommendations.
Keywords/Search Tags:Confession and punishment, sentencing recommendation, Negotiation of prosecution and defense, Precision
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