Research on the Voluntary Guarantee of Leniency System for Confession And Punishment
DOI:
https://doi.org/10.54691/qxmpxh21Keywords:
Leniency system for confession and punishment; Inherent criminal procedural rights; Heavy punishment for serious crimes; The game of argumentation and communication.Abstract
Taking the voluntary guarantee of the leniency system for confession and punishment in China as the starting point, this article summarizes the nature, role, and characteristics of the leniency system for confession and punishment, introduces the current regulations and mechanisms of the voluntary guarantee of the leniency system for confession and punishment, lists the problems of legislative deficiencies, the need to reconcile the conflict between freedom and selectivity and the inherent remedial nature of criminal litigation rights, the challenges faced by voluntary guarantee in serious and severe criminal cases, the difficulties in balancing effective voluntary guarantee and accurate attitude characterization in lengthy criminal proceedings, and analyzes the causes one by one. It proposes to explore the establishment of new mechanisms at the legislative level, innovate case handling ideas, diversify the improvement of voluntary confession and punishment guarantee mechanisms in serious and severe criminal cases, and timely review and supervision in lengthy criminal proceedings. Solution measures.
Downloads
References
[1] Bian Jianlin, Tao Jiapei. The leading responsibility of the procuratorial organs under the leniency system of confession and punishment. People's Procuratorate, 2019 (23): 37-40
[2] Xie Dengke, Zhou Kaidong. Voluntary confession and punishment of the defendant and its implementation mechanism [J]. Academic Exchange, 2018 (4): 95-100
[3] Zhuang Yonglian, Zhang Xiangjun, Gu Yongzhong, et al. Application and procedural improvement of leniency system for confession and punishment in the procuratorial process [J]. People's Procuratorate, 2016 (9): 41-48
[4] Zhou Xin. On the Basic Principles and Types of Preferential Treatment: Analysis Based on the Pilot of Criminal Rapid Adjudication Procedure [J]. Politics and Law, 2017 (3): 154-161
[5] Kong Guanying. Voluntary Judgment Standards and Guarantees for Admitting Guilty and Punishing [J]. Journal of the National Prosecutor's College, 2017, 25 (1): 20-30172
[6] Li Jianming, Chen Chunlai. Research on the expedited procedure for plea bargaining cases [J]. People's Procuratorate, 2016 (7): 13-19
[7] Chen Ruihua Theoretical reflection on the reform of "leniency for confessing guilt and accepting punishment": based on the experience of the operation of criminal expedited procedures [J]. Contemporary Law, 2016, 30 (4): 3-13
Downloads
Published
Issue
Section
License
Copyright (c) 2024 Scientific Journal Of Humanities and Social Sciences
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.