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Plead Guilty And Punishable From The Victim Of A Wide System Rights Protection Research

Posted on:2021-02-10Degree:MasterType:Thesis
Country:ChinaCandidate:Q WangFull Text:PDF
GTID:2506306224995299Subject:Law
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China’s confession and confession punishment system has achieved good social and legal effects since it began pilot work in 18 cities in 2016,effectively improving the trial efficiency of criminal cases,and alleviating the "many cases but few people" process in criminal proceedings.The contradiction has also brought substantial and procedural preferences to many criminal respondents,which is conducive to the timely return of the respondent to society and reduces the burden of litigation.In 2018,the amendment to the Criminal Procedure Law was passed,which provided a legal basis for the application of the leniency system for confession and confession.The system of confession of confession and punishment is still a brand-new system in China.There are still some shortcomings in legislation and judicial practice.This article starts with an overview of the confession and confession punishment system and the overview of the rights of victims,and explores the significance of valuing the protection of victims’ rights in the application of the confession and confession punishment system.Through the review of other similar systems and the current status of operation in China,it aims at Suggestions on the deficiencies in the protection of victims’ rights.This article is mainly divided into four chapters:The first chapter summarizes the leniency system of confession and punishment and the development of the rights of criminal victims.This chapter mainly explains the reasons for the rise of the confession and punishment leniency system in our country,the litigation value,and the changes in the rights of victims,and clarifies the necessity of strengthening the protection of victims’ rights under the confession and punishment leniency system.The construction of the confession and punishment system is based on the judicial reality that the number of cases that have seriously endangered public security in China has declined,and the number of minor criminal cases remains high.The main value goal is to improve the efficiency of litigation on the basis of justice.The development of victims ’rights in countries around the world has gone through a long historical process.Strengthening the protection of victims’ rights under the confession and confession system is in line with the judicial philosophy of protecting human rights and is conducive to promoting the acceptability of confession and confession cases.The second chapter is the investigation and reference of other related systems.Compared with China’s confession and punishment leniency system,which has only been piloted for two years and recently officially entered into law,other related systems,such as the American plea bargaining system and the British plea confession negotiation,have been in operation for many years and have unique features in protecting victims ’rights There are many things that we can learn from in order to strengthen the protection of victims’ rights under the leniency system.The third chapter analyzes the application of the leniency system in China.Through the analysis of the relevant legal provisions of the confession and lenient system of confession and punishment in our country,and the practice of applying the plead and lenient system of confession and confession in the grassroots courts in Hunan Province,the rights,deficiencies,and deficiencies of the victims currently under the system are clarified.At present,victims enjoy the rights to participate in reconciliation,express their opinions,and claim compensation.In practice,there are problems such as insufficient protection of the right to know and lack of legal aid.The reasons for these situations are mainly due to the confession of confession and punishment,the conflict of values of the protection of victims’ rights,and the victim’s litigation.The status is unclear.The fourth chapter is to construct a framework for protecting the rights of victims in the confession and punishment system.In view of the actual situation and deficiency of the protection of victims’ rights under the current confession and punishment leniency system,and the experience of other relevant systems,it is necessary to clarify the status of the victim in the lawsuit,the rights of victims in the confession and punishment leniency system,and how to strengthen the protection.The overall framework for the protection of victims’ rights.
Keywords/Search Tags:Confession and lenient system, victim rights, human rights protection, litigation status
PDF Full Text Request
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