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A Study On The Improvement Of Sentencing Recommendations For Guilty Plea

Posted on:2022-09-23Degree:MasterType:Thesis
Country:ChinaCandidate:F LiuFull Text:PDF
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The amendment of the Criminal Procedure Law and the Guiding Opinions on the Application of the System of leniency in Punishment for Confession(hereinafter referred to as the Guiding Opinions),the system of leniency of punishment for pleading guilty has been consolidated in legal form,this is an affirmation of the results of reform in pilot areas.In order to better and faster implement this system,the highest judicial and administrative organs further detailed the provisions on the proposal and adoption of sentencing suggestions for guilty plea cases.The promotion of these two measures undoubtedly provides a strong guarantee for the judicial organs to speed up the separation of complicated and simple criminal cases and promote the reform of the system centered on trial.According to the report of Procurator-General Zhang Jun on the application of the 22 nd Session of the Standing Committee of the Thirteenth National People's Congress,.However,in the course of judicial practice also revealed a lot of malpractice,for example,there are problems such as the lack of standardization of sentencing recommendations,the consensus formed by sentencing recommendations is difficult to reflect the "negotiability",and there are uncertain factors in the final implementation of sentencing recommendations.we can know that the overall application of the system is stable and the development trend is good.Therefore,it is the core goal of current theoretical research and practical development to make a more profound analysis of the sentencing suggestions of guilty plea cases and solve the problem of "sticking neck" in system application.Through literature analysis,case analysis,empirical analysis and other research methods,this paper makes an in-depth analysis of the standardization,formation and implementation of sentencing recommendations in the leniency system of confession and punishment,and puts forward systematic ways to improve the quality and application efficiency of sentencing recommendations.First of all,China should establish the top-level design of sentencing recommendations,mainly including the release of uniform applicable sentencing recommendations guidance,promote the sentencing leniency grading system,and from the substantive law level to determine the independent status of sentencing leniency confession.Secondly,it is necessary to establish an effective system and procedure of sentencing negotiation,which not only needs to protect the basic rights of the accused,but also needs to further strengthen and improve the lawyer's "effective defense" in the leniency system of admission of guilt and punishment.Finally,Establish the right protection and restriction mechanism of the system of leniency for guilty confession,Entrust the accused with the right to regret and reasonably limit the defendant's right of appeal,the stability and effectiveness of sentencing suggestions are further consolidated through strengthening the binding force of sentencing suggestions on judicial organs...
Keywords/Search Tags:confession and punishment, sentencing suggestions, prosecution and defense negotiation, Determine the sentencing recommendations
PDF Full Text Request
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