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A Study On The Voluntary Security Of The Accused In The Leniency System Of Plea Guilty And Accepting Punishment

Posted on:2022-02-05Degree:MasterType:Thesis
Country:ChinaCandidate:Q ChenFull Text:PDF
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On October 26,2018,the Code of Criminal Procedure of the People's Republic of China was significantly amended,and the lenient system of admission of guilt and punishment was an important part of the amendment.The Criminal Procedure Law of our country absorbs the results of the preliminary pilot work and draws lessons from the requirements of the principle of due process in the United States.The interpretation of the Supreme Court on the application of the Criminal procedure Law of the people's Republic of China,which began on March 1,2021,further refined and clarified the relevant provisions of the lenient system of guilty admission and punishment.The voluntary nature of the accused is the legitimate foundation of the lenient system of confession,admission and punishment,and it is also the inevitable requirement of the human rights protection of the accused.At the same time,it is of great significance to protect the voluntary nature of the accused.The defendant's voluntary choice of confession and punishment is the premise of the procedure,in which the notification procedure,the lawyer's help procedure,the judicial review and the relief procedure also put the voluntary nature of the prosecution's confession and punishment at the core.Therefore,it is necessary to systematically study the voluntary protection of the accused and explore the ways of voluntary protection.The voluntary nature of the protection of the accused must be clearly defined.But voluntary or not is a subjective state,it is difficult for the judicial organs to make a direct judgment on it,and can only be combined with the external performance of the accused person to speculate.Starting from the basic theory of voluntary protection,the author analyzes the basic provisions of lenient system,and explains the core position and connotation of voluntary nature.However,in judicial practice,the problem of the voluntary protection of the accused still faces many practical difficulties,such as the unclear judgment standard of voluntary,the guarantee measures of voluntary rights still need to be improved,the system of voluntary examination is not perfect and the corresponding relief measures are not in place.In order to explore the path of the prosecution's voluntary protection,we must first clarify its existing problems and then solve them one by one.Indeed,if the system of voluntary guarantees for prosecution of confessions and penalties is to be improved,which can draw lessons from some practices in the system of consultation of extra-territorial confession.Such as exploring flexible evidence disclosure system and perfect notification rules,promoting the high participation and effectiveness of lawyer's help by clarifying the content and way of lawyer's help,further clarifying and strengthening the judge's examination of involuntary confession and punishment,It is worth learning from the conditions and consequences of withdrawing the guilty reply.In order to realize the fairness and justice of criminal justice,we must deeply study the problems existing in voluntary safeguards and seek solutions.Therefore,this paper finally puts forward some preliminary suggestions to ensure the voluntary nature of the accused.It is mainly expounded from four aspects:to clarify the judgment standard of the defendant's voluntary nature,to perfect the guarantee system of the defendant's voluntary rights,to perfect the system of the defendant's voluntary examination and to perfect the relief measures of the defendant's voluntary nature.For the voluntary judgment standard of the accused,it is necessary to make clear the constituent elements and connotations of the legal significance of "voluntary" in the lenient system of confession,admission and punishment,so as to further clarify the voluntary judgment standard.How to protect the rights related to the voluntary nature of the accused,we must first judge that those rights of the accused in the voluntary protection need to be strengthened in time.These include the knowledge-related right to know and the wisdom-Related right to the help from lawyer.At the same time,only the court can systematically and effectively examine the voluntary nature,and the involuntary prosecution has the way of relief,so it has a solid backing for the judgment and guarantee of voluntary nature.
Keywords/Search Tags:Guilty plea, Voluntary, On-duty lawyer, Security system
PDF Full Text Request
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