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On The Standard Of Proof In Plead Guilty And Lenient Cases

Posted on:2022-05-03Degree:MasterType:Thesis
Country:ChinaCandidate:L X SongFull Text:PDF
GTID:2516306323452704Subject:Law
Abstract/Summary:PDF Full Text Request
In practice,most cases of pleading guilty to leniency apply to criminal speed cutting procedure and summary procedure.on the one hand,The "quick","simple" judicial goal and the judicial status quo of court trial procedure greatly simplified adapt to the objectives of the reform of shunting the complicated and simple criminal cases,on the other hand has also exposed the confession forfeit their cases prove standard "stealth" objective problem.Ignored the realistic needs and the self-consistency of legal logic,blindly emphasizing the "integrated proof standard" will make the theory and reality disjoinable,legislation and judicature will produce a huge contradiction.Build differentiation proof standard system,in view of different pleaded guilty to forfeit their case types with different levels of certificate standard to effectively relieve the contradictions of legislation goal and the judicial status quo,to better achieve the purpose of the optimization of judicial resources,at the same time supporting the good confession forfeit their voluntary security system to lower the standard of proof,reduce the risk of wrong case brought by the rate rise.
Keywords/Search Tags:The system of leniency for guilty plea, Differentiation proof standard, Fairness and efficiency, Simplification of Court Procedures
PDF Full Text Request
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