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On The Leniency System Of Pleading Guilty And Accepting Punishme

Posted on:2022-05-08Degree:MasterType:Thesis
Country:ChinaCandidate:W B ZhangFull Text:PDF
GTID:2506306527458184Subject:Science of Law
Abstract/Summary:PDF Full Text Request
The leniency system of pleading guilty to punishment,as an important part of judicial reform,has been officially confirmed at the legislative level from the pilot work carried out in18 cities across the country in 2016 to the completion of the amendment to the Criminal procedure Law in 2018.As for the most new system,the discussion in theory and practice has never been interrupted,but it must be practiced in person,and only by real operation in practice can we constantly find and solve problems.The discussion of scholars just fails to go deep into practice.In fact,it is not in line with China's national conditions and legal structure to compare with foreign experience.The establishment of the leniency system of pleading guilty and punishment is in line with the law of the development of the law,is substantive and procedural,and is supported by a theoretical basis.In the traditional thought,"harmony",the theory of modern physical danger and the modesty of criminal law have all become the substantive theoretical basis of the leniency system of pleading guilty.The classification and application of quick adjudication,summary and ordinary procedure,solving the problem of litigation efficiency in procedure and saving judicial resources are also the procedural theoretical basis of the lenient system of pleading guilty and punishment.Although the leniency system of pleading guilty to punishment has been formally established through the pilot and the law,the problems exposed through continuous practice have become more and more obvious,not only failed to achieve the original intention of the lenient system of pleading guilty,but also increased the burden of litigation.For example,the phenomenon of pleading guilty on paper is common,the range of sentencing is confused,and the contradiction between many cases and less litigation is still unresolved.The establishment of the new system,the emergence of problems is also inevitable,in line with the law of the development of things,continue to solve problems,but also for pleading guilty and punishment leniency system more perfect to lay a solid foundation.
Keywords/Search Tags:the leniency upon pleading guilty and accepting penalty, the agreement between the accusation and defense, program simplification
PDF Full Text Request
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