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Research On Sentencing Suggestion In Confession

Posted on:2022-03-27Degree:MasterType:Thesis
Country:ChinaCandidate:C LiFull Text:PDF
GTID:2506306482952539Subject:legal
Abstract/Summary:PDF Full Text Request
As soon as Yu Jinping’s traffic accident case happened,it triggered a vigorous discussion in the academic circles.Some people called it "Marbury v.Madison case" in China.The whole case has a lot of controversy.This paper only summarizes the two focal issues: from the perspective of the procuratorate,the principle of lenient admission and punishment in the case and the prosecution’s sentencing suggestions are systematically studied.This paper uses the case analysis method to analyze Yu Jinping’s traffic accident case,analyzes the court’s judgment documents and controversial points from the perspective of the procuratorate,introduces the topic with Yu Jinping’s traffic accident case,and discusses the premise of applying the leniency principle of guilty plea and the sentencing suggestions in the Criminal Procedure Law while summarizing the focus of the case.Combined with relevant laws and regulations,this paper analyzes several important disputes in this case.the grasp of the prosecution’s confession and punishment and sentencing recommendations are summarized.The second chapter is for the prosecution to plead guilty,combined with the contradiction of this case,through the "true confession" and the degree of sentencing in the confession.The third chapter is the analysis of the Procuratorate’s sentencing recommendations,expounds the principles of sentencing recommendations for the interests of the defendant in the protest and Article 201 of the criminal procedure law,and makes a comprehensive elaboration based on this case.Finally,the focus of the problem is summarized with a case study.
Keywords/Search Tags:admission of guilt admission of punishment, prohibition of change of interests, sentencing suggestion, should be
PDF Full Text Request
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