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Research On The Protection Of The Rights Of The Accused In The Leniency System Of Pleading Guilty And Accepting Punishment In My Country

Posted on:2022-08-29Degree:MasterType:Thesis
Country:ChinaCandidate:F HuangFull Text:PDF
GTID:2516306320968109Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The leniency system of guilty plea and punishment is one of the practical elements in the field of criminal justice in recent years.Its legislative purpose is deeply reflected in the field of criminal procedure law,which aims to accurately guarantee the operation of criminal justice procedures,timely identify criminal facts and improve the utilization efficiency of judicial resources.In recent years,China has paid more and more attention to the protection of human rights.Undoubtedly,the protection of the basic rights of the accused is the key to the leniency system.In the process of China's judicial practice,the lack of the subject status of the accused,the untimely convergence of the system and the non-standard sentencing will make the leniency system ignore the punishment of the accused The protection of the basic rights of the prosecutor,such as the lack of effective protection of the accused's right to know,the lack of effective protection of the accused's right to choose independently,and the lack of application of sentencing,is insufficient.Therefore,from the perspective of the rights protection of the accused in the system of leniency of guilty plea,we should consider its shortcomings in the field of criminal justice practice,and make a comparative analysis with the relevant foreign legal systems.We should improve the subject status of the accused,link up the normative systems,strengthen the judicial review process and the standardization and accuracy of sentencing Finally,it puts forward some suggestions to construct a multi-dimensional human rights protection mechanism to effectively protect the basic rights of the accused.
Keywords/Search Tags:Lenient confession and punishment, accused, right guarantee
PDF Full Text Request
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