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Research On The Application Of Leniency System In The Procuratorial Process

Posted on:2020-07-09Degree:MasterType:Thesis
Country:ChinaCandidate:Z B LiFull Text:PDF
GTID:2436330578972171Subject:Law
Abstract/Summary:PDF Full Text Request
The "Decision of the Central Committee of the Comnunist Party of China on Comprehensively Advancing Several Major Issues in Governing the Country According to Law" clearly puts forward the important reform and deployment of"Improving the system of pleading guilty and punishing punishment." The confession and punishment of the lenient system is the embodiment of the criminal policy of tempering justice with mercy in order to alleviate the contradiction of "multiple cases and fewer people" brought about by the surge in the number of criminal cases in Chini improve judicial efficiency,rationally allocate judicial resources,and promote the diversion of criminal cases.The aspect plays an important role.In the process of system operation,the procuratorial organs are in the central position,leading the work of confession negotiation and pre-trial case diversion.How to better promote the implementation of the system in the procuratorial process becomes the key to the effective operation of the confession and punishment system.Starting from the procuratorial link,this paper takes the pilot practice of Nanjing as the research object on the basis of the connotation and value analysis of the confession and punishment system.Through the analysis of the problems in the practice of confession and punishment system,we will never sue the discretion and optimize the review.Proposing for prosecution,clarifying the applicable standards of cases,improving the accuracy of sentencing recommendations,and the rights protection mechanism of the prosecuted,with a view to promoting the punitive and confessional punishnent system in the prosecution to play a better role.
Keywords/Search Tags:Leniency on admission of guilty and acceptance of punishment, Prosecutorial link, no prosecution discretion, sentencing advice
PDF Full Text Request
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