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On The Lenient System Of Guilty Admission And Punishment In China Protection Of The Accused's Right To Defence

Posted on:2022-02-09Degree:MasterType:Thesis
Country:ChinaCandidate:L WangFull Text:PDF
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The lenient system of guilty confession and punishment is a major system reform in the criminal procedure law of our country.The code includes it as one of the basic principles and radiates the whole process of criminal procedure.Through judicial practice,the system effectively solves the contradiction between the sharp increase of criminal cases and limited judicial resources,takes into account justice and efficiency,and effectively resolves social contradictions.As a new system,some difficulties need to be solved urgently in operation.The root of these difficulties is the absence of voluntary guarantee.This paper probes into the basic connotation and legal consequences of the lenient system of confession and punishment,taking the difficulties encountered in the operation of the system as the guide,and probes into the smooth operation of the system The key lies in ensuring true and voluntary,and the key to ensuring true and voluntary is to is to realize the full and effective defense.This paper focuses on how to fully protect the right of defense of the accused,which coincides with the establishment of the system.Based on the existing legal provisions and judicial practice,this paper combs the related problems involved in the effective operation of the system,and explores how to realize a full and effective defense.In the introduction,the background and significance of the topic are put forward.Through the problems that affect its effective operation in practice,the core problem to be studied in this paper is to fully guarantee the right of defense of the accused.The legitimacy of the lenient system of confession and punishment is based on the voluntariness of the accused's confession and punishment,and the key of voluntary confession and punishment is to ensure that the accused gets effective legal help or defense.After combing the country Internal and external scholars' views and legislative status,introduced the research methods.In the main part,the author first introduces the right of defense of the accused in the lenient system of confession and punishment,and then introduces the necessity of protecting the right of defense of the accused.Then combining with the legislation and judicial status of the defense right guarantee in the lenient system of confession and punishment in our country,it leads to the dilemma of the defense right guarantee in the lenient system of confession and punishment: the right to know is not in place,the lawyer's intervention lags behind,the function of the lawyer on duty does not match the need of confession and punishment,the lawyer's right in sentencing negotiation is limited,and the accused person faces more serious punishment after not pleading guilty or pleading guilty By drawing lessons from the Anglo-American plea bargaining system,the German plea bargaining procedure,and the useful experience of the Italian client's request to apply the penalty system,it is concluded that the right to know the accused should be fully guaranteed,the specific connotation and legal consequences of the lenient system should be fully understood,the full coverage of criminal defense should be fully covered in the lenient system,that the function and orientation of the duty lawyer should be improved,that the effective defense should be promoted,that the consultation procedure of confession and punishment should be institutionalized,that the evidence disclosure system of the procuratorate should be established to the accused,that the right of appeal of the accused should be guaranteed,and that the effective defense should be realized through a complete supporting system,And then we can plead guilty Voluntary,true,to promote the effective operation of the lenient system of guilty admission and punishment.
Keywords/Search Tags:The lenient system of guilty plea and punishment, Persons prosecuted, Right to defence, Effective defence
PDF Full Text Request
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