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Research On The Application Of Leniency System Of Guilty Plea And Punishment

Posted on:2022-12-15Degree:MasterType:Thesis
Country:ChinaCandidate:J W TanFull Text:PDF
GTID:2506306770976319Subject:Litigation Law and Judiciary
Abstract/Summary:PDF Full Text Request
In 2018,on the basis of absorbing the experience of previous trials,the leniency system was written into the new Criminal Procedure Law,marking the official establishment of the system.The leniency system of guilty plea plays an important role in timely and effectively punishing crimes according to law,strengthening judicial protection of human rights,optimizing the allocation of judicial resources,resolving social conflicts,promoting social harmony,and advancing the modernization of national governance system and capacity.But law alone is not enough.The life of law lies in practice.In the process of the judicial practice of the leniency system,there are some inevitable problems,which need to be further improved.From the perspective of judicial practice,this paper proposed a prudent resolution scheme for the prominent symptoms in the application of the current system,in order to provide a new perspective and insight for the extensive study on leniency of guilty plea,hoping to benefit judicial practice and better promote the steady and long-term development of the system.This thesis includes introduction,text five parts: The introduction part mainly introduces the topic selection background,research significance,research status,research ideas and other contents.The first part of the text mainly summarizes the leniency system of guilty plea.First,according to the Criminal Procedure Law and relevant normative documents,clarify the connotation of "guilty plea","punishment" and "leniency";Secondly,the paper systematically combs the introduction,experiment,establishment and development of the system of leniency of guilty plea by timeline.Finally,explain the value and practical significance of leniency system.The second part of the text mainly introduces some data and cases in judicial practice,and leads to the problems existing in the process of system application and their characterization.First of all,the paper briefly expounds the specific application and connection of the leniency system of guilty plea in three different stages of criminal procedure:investigation,prosecution and trial.Secondly,introduced the system since the implementation of the overall operation of the country.Third part of the text is based on data,case,etc to elicit pleaded guilty to forfeit their light system in four outstanding problems that exist in the judicial practice,the greater forfeit the problem of abuse of right of appeal case the defendant pleaded guilty,mainly analyzed the defendant pleaded guilty to forfeit their appeal to start the second reason,after qualitative,points out that the behavior of the abuse of right of appeal to the expected value of harm,And the different views of the prosecution and the law on this issue;Second,the application scope of the leniency system of guilty plea,including the low proportion of felony cases,less application of the second instance procedure;The third is the problem of the accuracy of sentencing proposals for leniency system of guilty plea.It mainly analyzes the constraints on the accuracy of sentencing proposals of procuratorial organs at present,including the insufficient supply of criminal substantive law,the precision sentencing ability of prosecutors to be further improved,and the formalization of sentencing charge debate and consultation.Fourthly,it points out that the application of discretionary non-prosecution is restricted by factors such as unclear legal application standard,cumbersome decision procedure and supervision mechanism,and imperfect supporting mechanism.The fourth part of the text is the path to improve the leniency system of guilty plea,which is mainly to put forward targeted solutions to the problems existing in the application process of the aforementioned system.In view of the abuse of the defendant's right of appeal,it is necessary to improve the system construction and control the abuse of the right of appeal in multiple ways,including sticking to the inalienable right of appeal and the principle of "no additional punishment for appeal",introducing the discretionary review of appeal grounds,and strengthening the deterrent effect by rational use of protest.In view of the application scope of the leniency system,we should promote the comprehensive application of the leniency system.It includes constructing the applicable mechanism of felony case and perfecting the applicable mechanism of second instance procedure.To improve the accuracy of sentencing suggestions for leniency system of guilty plea,including issuing unified sentencing guidelines,comprehensively strengthening the training of prosecutors' sentencing ability,enhancing communication between legal and procuratorial departments to promote positive interaction,and improving the standardization of duty performance of lawyers.In view of the application of discretionary non-prosecution,this paper proposes to clarify the applicable standards of discretionary non-prosecution,optimize the procedure mechanism,and establish a supporting tracking inspection system.
Keywords/Search Tags:Lenient system of guilty plea and punishment, Abuse of right of appeal, Scope of application, Accurate sentencing recommendations
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