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Study On The Sentencing Of Defendants In The Case Of Confession And Punishment

Posted on:2022-09-05Degree:MasterType:Thesis
Country:ChinaCandidate:Y X ShiFull Text:PDF
GTID:2506306491478184Subject:Jurisprudence Law
Abstract/Summary:PDF Full Text Request
The new Criminal Procedure Law of 18 stipulates that if the prosecutor confessed his crime sincerely,confessed the crime without reservation,and was willing to bear all the consequences,he could be sentenced to a lenient sentence.Since then,leniency system of confession and punishment has been gradually introduced to various judicial cases.The initial idea of establishing a leniency system for confessing guilt and punishing was simple,so as to divert complicated cases and save judicial resources.But this only reflects one aspect of its consideration.The deeper reason is that we want to allow the prosecutor to enjoy the substantive benefits-that is,"sentencing preferential treatment",so that the handling of the case is conforms to the prosecution's expectations,and social opposition is reduced.In a judicial case,if the prosecutor confessed his crime sincerely,confessed the crime unreservedly and was willing to bear all the consequences,then the prosecutor would negotiate with him for the issue of sentencing,and if both parties had no objection,they would sign a statement of recognizance.The most critical link in the system of plea guilty and punished leniency lies here.Sentencing recommendations not only determines the trend of the trial results,but also relates to the interests of the accused and even the victim,so all parties care about it.Whether the value of the system of plea guilty and punishing leniency can be realized,the key point lies in the quality of sentencing recommendations.However,due to the deficiencies in my country's legislation and judiciary,which need to be further improved,this also invisibly hinders the prosecutor's proposal for sentencing.Therefore,it is absolutely necessary for us to thoroughly study the sentencing recommendations under the leniency system.This article contains five chapters.The first chapter is the introduction of the case and the focus of controversy.It mainly describes the facts of the case and analyzes the focus of controversy in the case to gain a preliminary understanding of the application of sentencing recommendations in cases of confession and punishment.The second chapter is a legal analysis of the focus of disputes in cases,and further seeks the legal principles behind the focus of disputes from the perspective of legal theory.The third chapter is an overview of sentencing suggestions in cases of confessing guilty and punishing leniency.It mainly discusses the connotation and value of the sentencing suggestion system and its relationship with the plea and punishing leniency system.The fourth chapter examines the foreign sentencing consultation system.Through the analysis and comparison of the negotiated sentencing constructed by the representative countries in the two major legal systems,it summarizes the advantages and disadvantages of the extraterritorial system,and provides a new way to improve our country's sentencing suggestion system.The fifth chapter summarizes its existing dilemmas through the current implementation of the sentencing suggestion system in our country and puts forward perfect suggestions from the legislative and judicial levels.
Keywords/Search Tags:Plea guilty and punished leniently, sentencing recommendations, sentencing consultation and precision
PDF Full Text Request
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