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Defendant conditional guilty plea punishment system for a number of issues

Author: LiChunXiao
Tutor: WangShengSong
School: Qingdao University
Course: Procedural Law
Keywords: Improve the system Conditional guilty plea Punish
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 7
Quote: 0
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Abstract


Defendant conditional guilty plea the establishment and implementation of the system of penalties , the product of the criminal justice system concept to enhance the standards of economic and social development , is the result of the the authoritative public power and private rights of autonomy merging and reasonable configuration . Firstly, start from the status quo of domestic and foreign institutional development of judicial cooperation , vertical depth and horizontal comparison , the defendant conditional guilty plea concepts and characteristics of the basic theory of the system of penalties to be analyzed , depth to explore the establishment of this system should have and should support judicial philosophy perspective , that is the embodiment of justice , the efficiency of the integration and the protection of human rights , and a lot of research and data analysis . Meanwhile, exist for the theoretical and practical circles to adapt to the principle of the system and the principle of legality and crime and punishment , the presumption of innocence conflicting principles and suspected crimes between unprincipled and suspects the obligation to truthfully answer the voices of doubt , This article can also be Exploration and combing respond positively , especially reflected in the defendant conditional guilty plea penalty system is a point of balance between the interests of the defendant and the victim and the public interest affected , the suspect answered truthfully obligations and rights the result of the interaction between the product and the two complement each other . In addition , under the current status quo , the defendant conditional guilty plea for the smooth operation of the system of penalties need to be assisted in the specific limiting factor , and is limited to special cases . Through the above arrangement , the system in the the relatively orderly external environment , in a relatively specific built-in program , the role fully to play an important role , the function can be effectively display their significance can be widely applied .

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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