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Research On The Judicial Application Of Confession System

Posted on:2021-01-05Degree:MasterType:Thesis
Country:ChinaCandidate:M L ChengFull Text:PDF
GTID:2416330647954081Subject:Criminal Law
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After nine years of judicial practice,the confession system has achieved remarkable results in many ways:implementing the criminal policy,motivating criminals to confess,improving judicial efficiency and saving judicial resources However,the year-on-year increase in confession rate also exposed many problems the expansion of mitigated punishment,the simplified handling of confession and the rigidity of special confession,affecting the credibility of justice.The root cause is mainly the contradiction between the high conciseness of law and the complexity of the actual case.The different understandings of "truthful confession" and "especially serious consequences" directly limit the function of the confession system.In order to clarify the ambiguity in judicial practice and promote the development and improvement of the confession system,this article is guided by problem orientation and adopts an empirical research analysis method.Except the introduction and conclusion,it adopts a side-by-side structure to analyze above problems one by one:The first part is the introduction and application of confession system.Firstly,it introduces the special value of confession system and examines its current status Secondly,it defines some elements at the theoretical level and evaluates different opinions,focusing on the following:(1)the identification of "especially serious consequences" should be based on relative standards;(2)its occurrence should be realistic,also discuss the relationship between "avoiding consequences" and the criminal suspension;(3)its criminal suspects.Thirdly,it responds to the controversy over the application of the confession system,which mainly involved two issues(1)"Afterwards refunding" cannot be regarded as "mitigation confession";(2)the truthful confession is not only the basis of lighter punishment,if it meets the"mitigation confession",the punishment can be mitigated cautiously.In order to regulate the application of mitigation confession,two suggestions are proposed(1)Repair the mismatching of crime and punishment through legislation and reduce the judge-made law;(2)Strengthen case guidance and supervision.The second part is the handling of retracting confession.Firstly,it defines and makes it clear that self-defending is not retracting confession.Secondly,based on 50 referee samples,it summarize the following situations:(1)"Confess the main criminal facts,only retract partial facts and not affect the conviction and sentencing";(2)" Confess before the making of the judgment of first instance";(3)"the confession before played an important role in solving the case".Considering that the personal danger does not decrease but rises,the confession before retracting is untenable,whatever its factual values.As to partially retracting after truthful confession,regarding the retracted part as non-confession firstly and then analyze whether the main criminal facts are truthfully confessed.Even if it does not affect the determination of the crime,the difference should be reflected in sentencing.For"Recovery-type Confession",it adopts an compromise theory and treats them differently according to the stage of confession after retracting:those who confess before the prosecution should still be recognized;other confession can only be a fact to be lenient in sentencing.The third part is the coordination between general confession and special confession.Firstly,it introduces that article 383,paragraph 3,of the Criminal Code constitutes a special confession.Secondly,it points out that the application of special confession has conflict with the general confession and it mainly reflected in the issue of "small greed and big concessions" in combination with specific cases.Finally,in order to harmonize the conflict above,two suggestions are put forward(1)Establishing and improving the sentencing guidance system for corruption and bribery cases,strengthening the sentencing theory and judicial disclosure of judgments;(2)Improving legislation and rising "Afterwards refunding" to the statutory sentencing plot,which is also in line with the trend of judicial reform and provides a basis for substantive law for the the system of leniency for pleading guilty and accepting punishment.Through the joint efforts of the theory and practice,the increasingly mature confession system will be more widely and deeply applied to practice,and promote the upgrading of the judicial practice.
Keywords/Search Tags:Confession System, Mitigated Punishment, Retracting Confession, Special Confession
PDF Full Text Request
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