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A Study On The System Of Confession Of Plead And Punishment And Its Perfect Jurisprudence

Posted on:2021-02-26Degree:MasterType:Thesis
Country:ChinaCandidate:M ZhangFull Text:PDF
GTID:2416330647954050Subject:Legal theory
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The Third Plenary Session of the Eighteenth Central Committee of the Party adopted the "Decisions on Several Important Issues Concerning the Comprehensive Deepening of the CPC Central Committee",focusing on comprehensively deepening reforms.The Fourth Plenary Session of the Eighteenth Central Committee of the Party proposed "advancing the reform of the litigation system centered on trials" In2016,the “Two High and Three Departments” promulgated the “Measures on Pilot Work on the Pleniency and Pleniency System for Criminal Cases in Certain Areas”,thus officially kicking off the judicial reform.It took more than 2 years of academic research and practice trials.The 2018 confession and punishment leniency system was officially confirmed in the Criminal Procedure Law.On October 24,2019,the Supreme People's Procuratorate joined the Supreme People's Court,the Ministry of Public Security,the Ministry of National Security,and the Justice Department.The ministry jointly issued the "Guiding Opinions on the Application of the Pleasant Pleasure and Pleniency Relaxation System" and made corresponding specific provisions on the basic principles of the confession and confession punishment leniency system and the protection of the rights and interests of the parties.Introspecting the development process of the system,we can see that China is currently in a critical period of judicial reform.The reform is an overall pattern that focuses on the design of the system and is supplemented by suggestions for the improvement of the system.It is a reform measure that echoes the substantive nature of court hearings in order to achieve complexity and simplicity.This system cansimplify litigation procedures to a certain extent,so as to realize the basic diversion of cases,while maintaining judicial justice and ensuring the improvement of litigation efficiency.In recent years,with the continuous development of judicial practice,the leniency system of confession and punishment has played an important role in judicial reform and has been widely recognized by all sectors of society.Since its implementation,this system has effectively promoted the process of judicial reform in China.However,the reform of the system is inseparable from the theoretical guidance.It is necessary to analyze and summarize the legal basis of confessing and confessing punishment,and to analyze the legal confusion of the system,and then to propose the theoretical coordination and development of a sound system.This article starts with the necessity and legal connotation of the confession and punishment system,including its legal support designed in China,and the transformation of the negotiated judicial model.Later,a comparative analysis of the horizontal and extraterritorial plea bargaining system was conducted and the rationality of legal transplantation was demonstrated.The system discussion was placed in the context of judicial reform and trial centerism in China,and the relationship between the two systems was explored vertically to clarify the trial center.Connotation and the integration of the two systems,trying to find out how to maximize the benefits of the confession and confession punishment system in the unique context of China's judicial system reform,and then make the confession and confession punishment system in both China 's native regions The environment,or in the context of the era of judicial reform of judicial centerism,can continue to grow and develop.Finally,this article demonstrates the gap between the ideal and reality of the confession and punishment leniency system design from the legislative level and the judicial practice level,in order to build the future of the confession and confession system to continuously adapt to the requirements of judicial reform,and then achieve the goal of administering the country according to law and the efficiency of justice.The organic unity of value and fair value.
Keywords/Search Tags:Plea guilty and lenient, consultative justice, plea bargaining, trial-centricism
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