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Research On The Protection Of The Rights And Interests Of Defendants In The System Of Admitting Guilt And Accepting Punishment

Posted on:2022-07-06Degree:MasterType:Thesis
Country:ChinaCandidate:S Y LiuFull Text:PDF
GTID:2516306527974769Subject:Master of law
Abstract/Summary:PDF Full Text Request
Since China's ?Criminal Procedure Law? confirmed the principle of leniency,the localization of the " plea bargaining " system has been confirmed,which has a profound impact on the structure of criminal proceedings.But this system is still in the initial stage,especially for how to protect the rights and interests of the accused under this system,there is still a lack of effective regulatory mechanism and system design,which does not conform to the principle of people-oriented legal practice to ensure.Therefore,under this system,how to effectively make the criminal suspect fully understand the rights and interests of the accused,and give corresponding judicial protection and legal assistance,is the basis and key to realize the rights and interests of the accused.The introduction mainly reviews some theoretical problems faced at the beginning of the operation of the system,and on this basis,combines the actual situation at this stage with academic research.It is found that more scholars mainly focus on the victim,but pay little attention to the accused,and there is still a bias in attention to the different rights and interests of the accused.Therefore,it is necessary to explore the rights and interests of the accused in order to think about it with less attention.The first chapter first systematically reviews the development process of China's guilty plea system,and puts forward the basic connotation of guilty plea system combined with its development history,so as to further clarify the present situation and practice mechanism of guilty plea.This paper argues that the admission of guilt under the system of admission of guilt and acceptance of punishment can be divided into three categories according to the degree of admission of guilt,'confession','confession' and 'confession',different ways of admission of guilt should take different standards of mitigation of punishment;The process of “ confession and punishment ” is dynamic and diverse,and different leniency standards should be adopted at different stages.The " width from " can be further divided into entity width and program width.In terms of the legislative intention of confession and punishment,the core of this system is the efficiency view based on justice.In the future,it is necessary to further improve the utilization rate of confession and punishment system,form a benign interaction with the judicial proceedings,and promote the combination of tolerance and the protection of human rights,so as to fully guarantee social interests,judicial justice and the interests of all parties concerned.On the basis of further clarifying the process and implementation of confession and punishment,the second chapter puts forward the rights and interests of the defendant in the system of confession and punishment,namely the right to regret,the right to appeal,the right to choose the procedure and the right to legal aid.At present,there is still a phenomenon that the defendant's rights and interests are not well protected,especially the legal aid system has become a mere formality in the related construction.In addition,the lack of a voluntary review could lead to the design of procedural justice issues,and excessive emphasis on victim understanding could also create certain social problems,creating unnecessary psychological and moral pressure on the families of victims.Based on the above problems,further improving the relevant system construction has become the top priority of improving this judicial practice.The third chapter discusses the formulation and implementation of the extraterritorial system,especially the protection of the rights and interests of victims.The trial mechanism,the standard of proof,and the duty lawyer are the three carriages to maintain the system of confession and punishment.Improving the trial mechanism,adhering to procedural justice,adhering to the principle of voluntary review,avoiding all possible extortion of confessions by torture,and improving the construction of judicial assistance system through the duty lawyer system can effectively improve the procedural justice and avoid related disadvantages.Safeguarding the rights and interests of defendants in the system of admission of guilt and acceptance of punishment not only needs to actively learn from the excellent experience of other countries,but also needs to open up China's road combined with domestic judicial facts.The fourth chapter combined with the existing judicial practice in our country,from multiple perspectives on the above three important aspects of further improvement,make up for the existing legal gaps.First of all,it is necessary to fill some gaps in the current law,such as the positioning of on-duty lawyers and the evidence system,clarify the positioning of on-duty lawyers from the perspective of rights protection,avoid the omission of on-duty lawyers,and build a complete access to information by relying on the evidence discovery system to protect their right to know.In addition,it is necessary to focus on the voluntary review mechanism to ensure their voluntary confession and punishment.Secondly,change the traditional judicial concept,focus on the implementation of the rights-based sentencing list system,refine the scope of legal implementation,strengthen the defendant's right to defense and protect the defendant's right to appeal.Finally,for the purpose of building a rights protection system,starting from the defense side,it is necessary to improve the quality of the case handled by the on-duty lawyer.Externally,the defendant can enjoy high-quality right to defense,and then realize the supervision of the defendant on the judicial power,so that the judicial power can be implemented in a more transparent environment.It is not only helpful to the realization of judicial justice,but also helpful to the construction of judicial authority.At the same time,starting from the prosecution and the trial side,one emphasizes the balance of confrontation,that is,to improve the defendant' s litigation status,and the other realizes the substantialization of the trial.The judgment in the court avoids the defendant' s long delay to damage his litigation rights.
Keywords/Search Tags:Confession and punishment, the defendant's rights, trial mechanism, standard of proof, duty lawyer
PDF Full Text Request
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