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Research On The Sentencing Suggestions Under The Leniency System Of Guilty Plea

Posted on:2022-07-18Degree:MasterType:Thesis
Country:ChinaCandidate:Y WangFull Text:PDF
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As an important innovation of judicial reform,the leniency system of guilty plea and punishment can reasonably allocate judicial resources,promote the reform of crime governance mode,and then promote the modernization of national governance a key part of the system,still has many problems in the actual process,such as sentencing construction which is endowed with certain coercive force Whether there are contradictions and conflicts centered on discussion and trial,the accuracy of sentencing suggestions needs to be improved,there are no specific standards for the adjustment of sentencing suggestions,and the adoption procedure lacks corresponding regulations.If such problems are not properly solved,it is difficult to give play to the actual effectiveness recognize the crime and accept the punishment,althoughthe state has improved the system of guilty plea and punishment in procedure and entity through legislation However,there is still a lack of supporting norms and it has not reached the mature stage.Through the analysis and interpretation of the problems existing in the sentencing proposal,this paper studies the system in the following four chaptersThe first chapter focuses on the development of sentencing suggestions from the existing to the nonexistent,and shows the increasingly prominent position of sentencing suggestions in the process of criminal litigation,which brings about the adjustment of the litigation pattern.Through the study of the logical relationship between sentencing suggestions and the leniency system of guilty plea,it further explains the close relationship between them in the system basis and key aspects of operation.The second chapter studies the current situation and characteristics of the application of sentencing suggestions in the system of pleading guilty and leniency.It shows the application of sentencing suggestions in China from two aspects of the scope of application and adoption.Through the analysis of the characteristics,it shows the prominent role of sentencing suggestions in the system of pleading guilty and leniency.The third chapter is the analysis of the problems faced by sentencing suggestions in handling cases.There are many problems in the accuracy of the sentencing suggestions put forward by the procuratorial organs,such as the lack of clear guidance for the adjustment of the sentencing suggestions by the procuratorial organs at the request of the court,and the lack of clear standards for the court to adopt the sentencing suggestions.The fourth chapter is to put forward the corresponding optimization methods for the problems in the sentencing suggestions of guilty plea cases.In dealing with the cases of pleading guilty and accepting punishment,be sure to remember to focus on the trial and guard it standard of proof and protect the litigation rights of the accused.Through the development of normative documents and the use of big data to improve the accuracy of sentencing suggestions.It puts forward specific requirements for the adjustment and adoption of sentencing suggestions.Better promote the confession and punishment are effective,and finally tend to mature.
Keywords/Search Tags:Plead guilty, Sentencing recommendation, Sentencing consultation, Adoption mechanism
PDF Full Text Request
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