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Analysis Of The Leniency System Of Confession And Punishment Applied By Procuratorial Organs

Posted on:2021-01-31Degree:MasterType:Thesis
Country:ChinaCandidate:B X XiaoFull Text:PDF
GTID:2416330629988316Subject:Law
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The Criminal Procedure Law revised in 2018 established the principle of Confession and leniency as a basic principle,which indicates that Confession should be universally applied in criminal proceedings,and it also means the legalization and systematization of leniency and strictness policies.In practice,the system of Confession and punishment is gradually realizing the unification of political,social,and legal effects.It effectively saves judicial resources,reduces judicial costs,strengthens judicial authority,displays judicial justice,and demonstrates judicial care.From the current application of the system,the procuratorial organs are playing a leading role.However,the specific understanding of the leniency system for Confession and punishment,the value and role of the system,how to develop consensus with the prosecuted,accurate sentencing,the impact of the system on the procuratorial organs,voluntary guarantees for Confession and punishment,and The similarities and differences in the application of the leniency system for Confession and punishment,and whether the defendant can appeal,etc,the procuratorate still needs to continue to conduct research and properly handle it while in-depth practice.The confession and punishment leniency system is a very typical litigation system design based on the prosecutor's leading responsibilities.In the specific application of this system,the procuratorial organs should play a leading role.The confession and punishment are lenient,that is,the criminal suspect and the defendant voluntarily and truthfully confess their crimes,admit the facts of the alleged crimes,and are willing to accept punishment."Confession" means that the suspect or defendant voluntarily and truthfully confessed his crime,and has no objection to the facts of the alleged crime."Confession" means that the suspect or defendant sincerely repents and is willing to accept punishment."Conciliatory" means that in view of the confession and confession of the criminal suspect and the defendant,the judicial authority has given them preferential treatment in terms of procedures,and ease of handling.China's confession and punishment leniency system does draw on the reasonable elements of the plea bargaining system,but the two cannot be equated,especially with respect to the standards of proof,transfer rights,subject status,leniency standards,and lawyer's participation.There are obvious differences in systems.The confession and punishment leniency system is a rule of law approach to realize the criminal policy of leniency and strictness,which fully demonstrates the spiritualconnotation and core value of the criminal policy of leniency and strictness,is a scientific exploration to improve the efficiency of judicial proceedings,and fully reflects the value orientation of strengthening human rights protection and promoting social harmony..This system has had an important impact on the powers of the procuratorial organs in criminal litigation,making the prosecutorial organs' procedural division of powers,detention necessity review right,prosecution discretion,and sentencing request right more prominent.Since the formal launch of the leniency and confession system,procuratorial organs have continued to increase their application rates,but the administrative forces behind them are strong,the level of sentencing recommendations is not high,the system of defenders or lawyers on duty is not in place,and prosecutors in various places have appealed to defendants There are disputes in the handling of these issues.These realities must be taken seriously.Procuratorial organs still face many difficulties and need to be resolved urgently in the process of applying the system.The reasons behind it are complicated.For example,it is difficult to carry out consultation work for confession and punishment,the judicial concept of prosecutors has not changed in a timely manner,prosecutors have a sense of embarrassment about sentencing suggestions,and lack of practical guidance for quantitative measurement.Differences in the two understandings of the application of the leniency system for confession and confession will also lead to differences in the determination criteria when confession and confession are applied,which affects the general application of the system by the procuratorial organs.In view of the above-mentioned status quo,dilemma,and reasons,the procuratorate still needs to continue to conduct research while in-depth practice,so as to promote the resolution of substantive issues.If the procuratorial organs want to solve the predicament of the current confession and punishment leniency system,they must clearly recognize that the application of the plead guilty and punishment leniency system is a systematic task,and put forward higher requirements for the comprehensive quality of prosecutors.Strengthen business learning and guidance,continuously improve the proficiency of prosecutors,and jointly issue normative sentencing guidance in a timely manner with relevant departments to achieve uniformity and pertinence of sentencing guidance.At the same time,we must pay attention to the establishment of a sound lawyer system on duty and continuously improve the participation of lawyers.To establish a voluntary guarantee mechanism for criminal suspects and defendants to plead guilty and plead guilty,the judicial organsshould also implement substantive examination of confession and confession to ensure fairness and justice in justice.
Keywords/Search Tags:Plea guilty, Sentencing precision, Ssentencing guidance, Duty lawyer system
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