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An Empirical Study On The Leniency System Of Pleading Guilty

Posted on:2022-05-23Degree:MasterType:Thesis
Country:ChinaCandidate:L AnFull Text:PDF
GTID:2506306509476224Subject:Law
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The leniency system of confessing guilt and punishing is a relatively new system in my country's criminal procedure legislation,and it is also an important content of the current litigation system reform.This system can effectively improve the efficiency of litigation and promote the rational distribution of litigation resources.It is a good medicine to solve the problem of the substantial increase in the number of criminal cases in my country,but the judiciary has "many cases and fewer people".This article summarizes and analyzes the effectiveness and existing problems of the system of confessing guilt and punishing leniency in judicial practice by investigating the relevant data of three basic-level people's procuratorates in handling criminal cases of confessing guilt and acknowledging punishment and communicating and interviewing with the staff of the procuratorial organs handling such cases.,And tried to explore the perfect path of the system,in order to play the important role and value of the leniency system in criminal justice practice.This article is divided into five parts:The first part is the introduction,which elaborates the research background and significance of the research on the system of plea guilty and punishing leniency in this article,and introduces the current legislation and research status of the system.Through the amendments in each legal text,we understand the legislative process of the leniency system for confession of guilt and punishment,distinguish the concept of the leniency system for confession of guilt and punishment,and briefly describe its system value.This section takes legal provisions and judicial interpretations as the starting point and end point,clarifies "confession","confession" and "acceptance",defines the scope of application of the system,briefly analyzes its practical significance and value,and the system of confession of guilt and punishment is committed to The effective improvement of litigation efficiency fully protects the legitimate rights and interests of suspects,helps criminals return to society as soon as possible,and better maintains a good social atmosphere.The first chapter introduces the basic situation of this research report.The first is the research purpose.Through this research report,more feasible suggestions are put forward for the judicial practice of the system of plea guilty and punishing leniency.The research methods are respectively literature research method and empirical analysis method.Finally,the reasons for the selection of research locations and the research process are introduced.The second chapter is the research data collation.Introduce the main data of this survey in general,and then classify and analyze the survey data.The proportion of criminal cases handled by the three basic-level prosecutors in the survey using the leniency system,the adoption rate of sentencing recommendations,the relative non-prosecution operation,and Fact analysis of the defendant's appeal and other aspects.While analyzing and sorting out the survey data,the three procuratorates also evaluated the better working methods of the three procuratorates in handling guilty and punishing cases.The third chapter discusses the problems that arise when the procuratorate operates the system of plea guilty and punishing leniency.The author analyzes the current situation of the operation of the system by visiting three basic-level procuratorates to collect case data and conducting key interviews with case-handling personnel,and sorts out the shortcomings of the current prosecution's system of confessing guilt and punishing leniency: First,the procuratorial organs apply confession and punishment.Cases have two shortcomings: the narrow scope of application and the insignificant simplification effect of prosecutors' handling of confessions and punishments.Secondly,the prosecutor's office still has shortcomings in the work of sentencing recommendations,which are mainly manifested in the different lenient standards and the prosecutor's decision.The ability of the type of sentencing suggestion is slightly insufficient;third,when the procuratorate applies the leniency system for confessing guilt and punishing,the protection of the voluntariness and authenticity of criminal suspects is insufficient,and the defendant has insufficient knowledge of confessing guilt and punishing,and it is difficult for duty lawyers Two aspects of the effective effect.The fourth chapter is the research conclusions and improvement suggestions.It starts with the three issues mentioned in the previous chapter: first,it addresses the shortcomings of the procuratorial organs in the operation of confessing guilt and punishing,and expanding the scope and scope of applicable crimes when the procuratorate operates the system.Continuing to strengthen the simplification of procedures for procuratorial organs to confess guilt and punishing is an operable and perfect path;secondly,in response to the problems in the sentencing recommendations,it is possible to promote the handling of the case by setting clear lenient standards and unified sentencing standards for both legal and prosecutors.Prosecutors can make more precise sentencing recommendations;finally,in view of the bottleneck that the system of plea guilty and punished leniency has in the procuratorial process to guarantee the voluntariness and authenticity of criminal suspects,it can be improved by protecting the defendant's complete right to know.The duty lawyer system is improved.
Keywords/Search Tags:plea guilty and punished, sentencing suggestion, on-duty lawyer, prosecution and defense negotiation
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