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A Study On The Prosecution And Trial Relations In The Leniency System Of Plea And Punishment From The Perspective Of "Trial-centered"

Posted on:2022-12-30Degree:MasterType:Thesis
Country:ChinaCandidate:J X WangFull Text:PDF
GTID:2506306782489134Subject:Litigation Law and Judiciary
Abstract/Summary:PDF Full Text Request
The proposal of the trial-centered litigation system emphasizes giving full play to the role of trials,especially court trials,until the establishment of the leniency system for admitting guilt and accepting punishment,especially the development of the sentencing system,which seems to have called the trial center into question.The litigation center shifted from the trial stage to the pretrial stage,which led to conflicts and confrontations between prosecution and trial.There are actually cognitive errors and misunderstandings about the "trial-centered" litigation system and the leniency system for admitting guilt and accepting punishment.At present,in cases of leniency in plea guilty and accepting punishment,problems such as conflicting accusations and trials,lack of communication,inadequate implementation of the system,and lack of consensus on sentencing standards have seriously affected the operation of the leniency system for pleading guilty and accepting punishment.The relationship between prosecution and trial has an important impact on the normal operation of the entire litigation system.Only by improving the level of cooperation between prosecution and trial,efficient connection should be carried out in strict accordance with legal norms,and the substantive construction of court trials should be promoted to form a pattern of effective joint efforts of prosecution and trial,and mutual respect in the process of litigation.,mutual supervision,in order to ensure that the function of the litigation system is not alienated.With the adjustment and change of the relationship between prosecution and trial,this should be carefully sorted out and analyzed in detail to ensure the smooth progress of the reform and the healthy development of the leniency system for admitting guilt and accepting punishment.
Keywords/Search Tags:Centered on trial, Plead guilty and plead lenient, Prosecution relationship, Sentencing recommendations
PDF Full Text Request
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