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Study On The Lenient System For Minors Applying Guilty Plea And Punishment

Posted on:2022-09-15Degree:MasterType:Thesis
Country:ChinaCandidate:Y QuFull Text:PDF
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The leniency system of confessing guilt and punishing is a system that allows criminal suspects and defendants to be treated with leniency in accordance with the provisions of the law.The conditions include their voluntary and truthful confession of their criminal facts,and no objection to the criminal facts charged by investigative agencies and procuratorial agencies.,Recognize the sentencing opinions and sign the confession of guilt and punishment.Minor prosecutors,as a special kind of prosecutor,are of course also within the scope of application of the guilty plea system.Minor prosecutors who apply this system are easier to receive education and true repentance.This is also based on juvenile criminal cases.The particularity.The particularity of juvenile prosecutors' cases is also reflected in special measures and treatment policies.The basic concept is consistent with the leniency system in terms of system value and has common features.There are no restrictions on the charge and possible penalty for confessing guilt and punishment.It can be applied to all criminal cases and has a wide range of applicability.Therefore,its scope of application naturally includes minor prosecutors,that is,minor prosecutors within the scope of the lenient system of confessing guilty and confessing punishment.The application of the system has its justification basis.Research on the application of the leniency system for juvenile prosecutors is conducive to promoting minors to better reform and return to the right path in judicial practice,and also to promote the development of my country's criminal procedure and criminal procedure system.The leniency system of confession and punishment is rich in connotation and has been continuously improved in the process of judicial reform in our country.It is urgently needed to deeply interpret the system and solve difficulties in order to implement the reform of the leniency system for confession,education and punishment.The purpose of reforming minors.Based on this,this article is divided into the following parts:In the first part,the summary of minors' application of guilty confession and leniency system is the basis of this article,including the significance of minors' application of guilty confession and leniency system,the characteristics of juvenile litigation subjects,and minors in the guilty confession and leniency system Litigation status.The second part is to investigate the criminal procedure mechanism that promotes the lenient treatment of minors,focusing on the analysis of the juvenile justice system in the United States and the VOM mediation system in Germany,respectively,and analyze the lessons learned from our country.The third part is the evaluation and analysis of the status quo of minors applying the leniency system for guilty plea The voluntariness of confession and punishment requires refined procedural protection,the system of lenient confession and punishment still has room to improve the educational function of minors,the lack of solutions for conflicts between minors and legal representatives,defenders,and minor defendants in cases of confession and punishment The right of appeal is still blank.The fourth part is the improvement suggestions for minors to apply the leniency system for guilty plea,including strengthening the special voluntary procedural guarantees for pleading guilty and punishing juveniles,improving the assistance and education system that is compatible with plea guilty and punishing leniency,and adding minors to guilty plea and punishing cases Provisions for conflicts of opinions between persons,legal representatives,and defenders,and strengthen the protection of minors' right to appeal in cases of confession and punishment.
Keywords/Search Tags:Minor Prosecutor, Plead Guilty and Plead Lenient, Voluntary
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