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A Study On The Role Of Judges Under The Leniency System For Plea Guilty And Punishment

Posted on:2022-04-06Degree:MasterType:Thesis
Country:ChinaCandidate:X H JingFull Text:PDF
GTID:2516306722977529Subject:Law
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As a solution to enrich criminal justice and effectively punish crimes in China,the system of leniency for pleading guilty is still an important issue in the reform of criminal procedure since its pilot operation.It reflects the concept of light punishment for crimes,which is the path of the rule of law to realize the criminal policy of tempering mercy with severity,and also responds to the realistic demand of reasonable allocation of judicial resources under the situation of fewer cases and the shortage of judicial resources.As the "bridge" between the system and the case,the judge is the key carrier of the system function and the important subject in the process of dispute resolution,and the direct recipient of the reform.Therefore,the importance of studying its role is self-evident.Based on the empirical investigation of the role of the judge in the operation of the system,this paper takes the role of the judge as the main line,reflects on the reasons for the lack of the role of the judge in practice,and puts forward corresponding adjustment suggestions,so as to reshape the role of the judge in the system of leniency of punishment for pleading guilty.In addition to the introduction and conclusion,this paper consists of four parts.The first part of the article with case analysis,empirical analysis,statistical analysis method to investigate the judge in pleaded guilty to forfeit their roles from the system in the actual operation practice,found that judges in the show for a new role of authority system understanding,cognition is not clear enough,at the same time,the system design of the judge’s role positioning and role conflict,the influence of inertia)authority during a trial judge unconsciously the continuation of the past judicial behavior,which makes the judge in confession plight role role playing in the case.Under the pressure of the role,the judge can not play the proper role in the trial process,which will lead to many adverse results,such as the unrealization of the system pursuit,the improper expansion of power and the destruction of judicial credibility.The second part of the article starts from the role of the judge and takes the social role theory as the analysis paradigm.Since ancient times,judges have played a very important role in social life,and in modern society,judges are active in different Spaces and time and space,the connotation of the role of judges is more and more rich,is a complex of legal professionals,administrative power recognition,social and cultural people and other role types.This means that they should not only use the law to resolve disputes,but also act as the defender and implementer of policies,and their behavior should conform to the value orientation of the public.In the system of leniency for guilty plea,the role orientation and behavior setting of the judge will be affected by many role expectations.The role orientation of the subject must meet the requirements of clear role orientation,ability of the role and balance of the interests of the subject.The third part of the article is mainly about the investigation of the foreign guilty plea system.The judge’s role positioning and authority allocation in the common law system and the civil law system both reflect the characteristics of "localization".The role of the judge in the system of leniency for guilty plea in China is not based on the merits of many schools,but should respect the local traditional legal culture,respect the path of institutional change spontaneously generated in practice,guarantee the independent and complete judicial jurisdiction of the judge,and strengthen the review power of the judge.The fourth part is the article clearly define the role of the judge in the system through the above research,pleaded guilty to a judge in a case program leader and final judge role is still the basic role,at the same time,pleaded guilty to forfeit from system established with characteristic of our country and defendant sentencing consultation program,in which the judge carries the role of negotiation review also occupy a certain position.In the following judicial practice,the role of the judge should be adjusted and rectified.Firstly,the judge should update the idea of role and get rid of the influence of inertia of authority.Secondly,judges should realize that they should pay attention to the voluntary review as the basis of the legitimacy of system application,so as to prevent the abuse of power by relevant organs and damage the judicial credibility.At the same time,even in the case of guilty plea,the judge is still the final judge to convict and sentencing the accused,playing the role of judicial trial as the last line of defense of justice.Finally,the power should be put into the cage of the system,the supervision and restriction of the judge’s trial behavior should be strengthened,and the procedural regulation of the judgment should be perfected.
Keywords/Search Tags:The system of leniency on admission of guilty and acceptance of punishment, The judge, Sentencing suggestion, Role conflict
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