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A Study On Cohesion Between The Lenient System Of Pleading Guilty And Punishment And The Criminal Reconciliation System

Posted on:2021-01-22Degree:MasterType:Thesis
Country:ChinaCandidate:F XiaoFull Text:PDF
GTID:2416330626461267Subject:Law and law
Abstract/Summary:PDF Full Text Request
China started a two-years pilot projects of lenient system of pleading guilty and punishment in 18 cities throughout the country since 2016,which leaded to a load of research into it by the theoretical and practical professionals.However,on one side,there’s still an obvious flaw in the lenient system of pleading guilty and punishment.That is the absence in protecting the victims’ rights and interests.On the other side,a structural disequilibrium in the criminal penalty and in the interest protection between the two parties of the lenient system of pleading guilty and punishment and the criminal reconciliation system,which will probably marginalize the criminal reconciliation system.Due to the different value and function of the two systems,this study hopes to match the application of both system by making cohesions in order that the two systems play their roles respectively to achieve the goals including procedural justice and substantial justice,human-right guardian and lawsuit efficiency improvement.This paper is written based on methods of document consulting and law analyzing.Firstly,it will make an introduction of the two system to get across their definitions,their value and function and their shortages and then bring out the proposal of the cohesion of the two systems.Secondly,it will explain the feasibility of the cohesion,providing an solid theoretical foundation finding ways to cohesion.Thirdly,it will summarize the conflicts between the two systems and figure out the reasons of the conflicts,hence it will put forward suggestions in making cohesions which incorporates balancing the penalty of the two systems,widen the application of the criminal reconciliation system and building an victim-protection mechanism.Aiming at increasing the application and success rate of criminal reconciliation,a synchronic information system and compensation system will be involved in the victim-protection mechanism to achieve a direct relief of thevictims.Furthermore,substantiating the sentencing opinions of the victims in the lenient system of pleading guilty and punishment to lift up their status and giving legal aid to the victims in the application of the two systems are also included in the victim-protection mechanism.
Keywords/Search Tags:pleading guilty and punishment, criminal reconciliation, cohesion, system
PDF Full Text Request
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