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Research On The Problems And Countermeasures Of Lenient Sentencing For Guilty Plea

Posted on:2022-05-11Degree:MasterType:Thesis
Country:ChinaCandidate:Y CuiFull Text:PDF
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The system of guilty punishment has a long history in our country.It evolves step by step according to the criminal policy in history.As early as in the agrarian revolutionary war period is proposed to have surrendered a mitigated punishment policy,in 1937 to make up for the legislative defects,"repression and leniency" criminal policy of combining,was introduced in1952-1956,comrade MAO zedong put forward the merit,the line is from She Zui instructions for many times,this is our greater confessed forfeit system prototype.The amended Criminal Procedure Law in 2012 increased the litigation procedure for parties to settle cases and the pilot work of expedited trial procedure carried out in 2014 laid a foundation for the application of the system of guilty plea.Moreover,the concept of "leniency for guilty plea" was clearly put forward at the Fourth Plenary Session of the 18 th CPC Central Committee in 2014.In 2016,the system was officially launched on a pilot basis,and leniency for guilty pleas was included in the new Criminal Procedure Law in 2018.Greater pleaded guilty to forfeit their system is to realize the criminal policy of tempering justice with mercy path under the rule of law,due to its system reform has brought the number of judges,prosecutors can handle a case greatly reduce the consequences of,the light punishment of the crime and number crime continues to grow,so the proposed plea forfeit their case people less from the system to solve the problem,it is also necessary for the system reform of the specific action mechanism,It can be said that the system of guilty punishment will have an impact on the pattern of China's criminal procedure law.From the perspective of sentencing,in addition to the introduction and conclusion,this paper is divided into four parts.The first part mainly introduces the concept and significance of punishment for admission of guilt.It is conducive to improving the efficiency while ensuring a fair trial,exploring the mode of non-confrontational justice,repairing social relations,improving the status of defendants,and optimizing the allocation of judicial resources.Sentencing is a key part of the guilty plea,including the sentencing recommendation of the procuratorate and the final sentencing of the court.Sentencing recommendations exploration has more than 20 years in our country,in the ordinary case sentencing recommendations tend to be broad and non-binding,and sentencing recommendations in a plea forfeit their cases to determine the punishment is given priority to,its nature also changed,the court shall generally be adopted the people's procuratorate of sentencing suggestion,forfeit pleaded guilty at the Y county court case sentencing suggestion adoption rates as high as 99%,The proposal of sentencing plays a positive role in improving judicial efficiency and saving litigation resources.The second part mainly points out the problems of leniency in sentencing the guilty pleas.First of all,the quality of sentencing suggestions put forward by the procuratorial organs is not high,mainly manifested in the simple expression of sentencing suggestions,thin reasoning content,different expressions of sentencing proposals in most regions,sentencing proposals in most regions do not specify the execution mode.In the process of sentencing negotiation,the practice of the judicial organ is not standard,in most cases,the accused still passively accept the sentencing advice of the procuratorial organ,while ignoring the process of reaching the sentencing result through negotiation between the two sides.Second,the confession in court forfeit their cases in the process of trial,the defendant's voluntary review does not reach the designated position,because most pleaded guilty to forfeit their cases summary or speed cutting process,a trial of the defendant voluntary review time can be compressed,and mostly confined to the oral questioning the defendant review form,way too limited.At the same time,the standard of proof in the sentencing process is controversial.Finally for the duty lawyer and positioning and participate in problem in the process of the victim in sentencing,on duty lawyer is more of a witness in a plea forfeit way,without being prosecuted people provide the help to the law,and even some duty lawyer also think of themselves as standing in helping the procuratorate to persuade someone to let its plea being prosecuted forfeit their position.And the victim is generally excluded in the case of confession of guilt,lack of relief.The third part mainly analyzes the causes of the dilemma in the process of sentencing the case of leniency for guilty plea.The low quality of sentencing advice is mainly caused by the lack of experience and guidance of sentencing advice by procurators themselves.In the process of sentencing negotiation,because the system of leniency of guilty plea in our country just started,it is more complicated to construct a complete sentencing negotiation procedure,so there is no legal norm.The problems in the sentencing process of the judicial organs are also caused by the imperfect supporting mechanism after the reform.The operating difficulty of voluntary review and the vagueness of legal norms have caused a series of problems.As for the on-duty lawyer and the victim's going through the formalities in sentencing participation,it is caused by the inaccurate positioning of the two kinds of participants in the proceedings.Some scholars believe that the victim's participation will drag down the efficiency of the case of guilty plea.The fourth part puts forward solutions to the dilemma of punishment for admission of guilt.Suggestions were put forward from the aspects of improving the quality of sentencing advice,constructing sentencing consultation procedure,promoting the substantial development of sentencing in trial,strengthening the voluntary review mechanism and standardizing sentencing with the guidance of cases,clarifying the status of duty lawyers,and strengthening the protection of victims' rights.In order to improve the efficiency of litigation,we should adhere to the functions of judicial organs and constantly improve the application of the system of leniency of punishment for pleading guilty under the premise of ensuring justice.
Keywords/Search Tags:Plead guilty and accept a lenient punishment, Sentencing recommendations, Sentencing negotiations, Voluntary review
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