Font Size: a A A

Analysis On The Lenient System Of Pleaded Guilty And Recognized Fine

Posted on:2019-09-11Degree:MasterType:Thesis
Country:ChinaCandidate:L P LiFull Text:PDF
GTID:2416330572956276Subject:Law
Abstract/Summary:PDF Full Text Request
The confession and confession lenient system refers to the judicial department's investigation of the characteristics of pleading guilty cases in accordance with the relevant national legal documents.In the process of investigation,prosecution,trial,etc.,it adopts different trial procedures and criminal policies than ordinary cases,thus ensuring criminal proceedings.To plead guilty and punish the construction of a wide system,we should fully grasp two key points:justice and efficiency.The so-called justice,that is,the criminal suspects and defendants should be fully guaranteed the truth and voluntariness of confession and punishment,and the degree of punishment for different lenient punishments should be judged according to the stage and type of confession.Efficiency means that confession and punishment can drive the simplification and diversion of procedures,shorten the entire litigation process time,and achieve effective conservation and rational use of judicial resources.Judging from the current situation in China,there are still some shortcomings in the construction of the confession and punishment system.The root causes are both institutional and practical.The paper discusses the two aspects from the aspects of the system,and proposes the problems at the level of the system content:from the wide-ranging regulations are not clear,the scope of application is not clearly defined,the supporting system lacks the protection of the rights of the prosecuted,the problem of the practical application level:the voluntary of the prosecuted Lack of effective protection,the uncertainty of the victim's opinions,and the inertia of the public security and judicial organs.From the aspects of system content and practical application,this paper discusses the problems existing in the current confession and punishment system,and combines specific problems to draw on similar systems outside the domain to propose confession and punishment.Suggestions for improvement from a wide system.At the level of regulation content,we should establish a "321" step-by-step lenient mechanism,clarify the broad scope,clearly define the scope of application,and construct a system for the protection of the rights of the prosecuted;at the level of the practical application,we should strengthen the voluntary guarantee of the prosecuted and strengthen The protection and restriction of the rights of victims,and the construction of rights supervision and control mechanisms.
Keywords/Search Tags:confession, lenient, fair, efficiency
PDF Full Text Request
Related items