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A Study Of Sentencing Suggestion In Leniency System Of Guilty Plea

Posted on:2024-05-14Degree:MasterType:Thesis
Country:ChinaCandidate:J Q MaFull Text:PDF
GTID:2556306929996209Subject:legal
Abstract/Summary:PDF Full Text Request
In 2018,the Criminal Procedure Law was amended to more systematically establish a system for leniency system of guilty plea.As a major reform in the field of criminal justice in our country,since the system was widely used,the effectiveness of Core Link has also been improved,which has had a significant impact on the outcome of the case.However,as an emerging system,there are still many problems in the judicial application of judgment recommendations,not only hinder the actual implementation of the leniency procedure in our country.The admission of guilt and punishment in a case also affects the realization of fairness and justice in the case.Therefore,to better promote the efficient operation of leniency system of guilty plea,implement the concept of human rights protection,and achieve fairness and justice in cases,It is imperative to present a scientific and fair sentencing suggestion.Through case studies and literature analysis,this paper analyzes the relationship between the leniency system of guilty plea and sentencing suggestion,expounds on the characteristics and value of sentencing suggestion,combining with specific cases to sort out the current situation,illustrates sentencing suggestion in leniency system of guilty plea in the judicial application.Summarize the problems existing in the judicial application of prison recommendations under the Notice of Leniency,especially the lack of standardization of prison recommendations,insufficient consultation between the prosecution and defense on prison recommendations,inconsistent interpretation of relevant legislation,and lax adjustment procedures for judgment recommendations,which affect the accuracy and applicability of the judgment recommendations.Judge the fairness of the recommendation.Therefore,from a practical point of view,in response to the above problems,it is recommended to improve the standardization of penalty recommendations,ensure consultation on the content of penalty recommendations,ensure clear interpretation of relevant legislation,and adjust the procedures for penalty recommendations.Penalty recommendations should be uniform.By solving the problems existing in the judicial application of judgment suggestions in the process of pleadings,and improving the suggestions,to realize the full play of the positive role of judgment suggestions in the pleadings.
Keywords/Search Tags:Leniency system of Guilty Plea, Sentencing suggestions, Sentencing consultation
PDF Full Text Request
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