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On the Problem of the Pepole Who Have Acknowledged Guilt in Our Criminal Law

Author: YuSheng
Tutor: XieYong
School: Xiangtan University
Course: Legal
Keywords: To plead guilty Pleaded guilty leniency While according to Rule
CLC: D924.13
Type: Master's thesis
Year: 2009
Downloads: 22
Quote: 0
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Abstract


Pleaded guilty to that crime for psychological repent or admit, express or implied, to admit that he has made some bad acts of criminal behavior. Confession is a multiple phenomenon. According to different criteria, different classification of these guilty plea phenomenon. To plead guilty after the first chronologically divided, sin sin confession and guilty plea can be divided into two cases. The second is divided according to the lawsuit timing, pleaded guilty before prosecution can be divided into guilty plea, Prosecuting pleaded guilty confession and prosecution after. The third is divided according to the Guilt, confession can be divided into active pleaded guilty and passive guilty. Are classified in accordance with the guilty plea, can be divided into the express admission of guilt and implied admission of guilt. Fifth, in accordance with the degree of the crime, who pleaded guilty to points, can be divided into thorough confession and pleaded guilty is not complete. The plea forms of that different attitudes towards crime offender, reflect the offender's subjective degree of malignancy. In terms of the penalty allocation and execution of sentences, the different types of plea will be a different evaluation of the Penal Code, the Criminal Law Implications. Pleaded guilty leniency on for repentance or to admit the psychological and admit that they have made some sort of bad behavior with criminal Criminal Evaluation and configuration to be relatively moderate. Has its legitimacy based on the establishment of the guilty plea for clemency system, these including: epistemology based on economics basis sociology according to the Criminal Policy basis for religion according. China's criminal law plea for clemency system. These guilty plea for clemency system, not only reflected in the relevant provisions of the general principles of criminal law, is also reflected in the relevant provisions of the Criminal Law; reflected in both the provisions of the Penal Code on sentencing, is also reflected in the provisions of the Criminal Code of execution. Conviction on the criminal law system of the crime of illegal cognition system. Sentencing on the criminal law to abort guilty of leniency regime, active account bribe leniency system, active account introduces a bribe leniency regime, surrendered leniency system meritorious leniency regime. Execution on the criminal law system of reprieve, commutation and parole of true repentance plea applies. However, on the whole, these systems are still relatively fragmented bits and pieces, another phase system is not a line to link up, and thus always appear disorganized, not relative to undertake before and after. This is mainly because: (a) our theory of criminal law is not from a unified perspective comprehensive understanding of the different forms of guilty plea phenomenon. (B) the evaluation criteria for different forms but essentially the same phenomenon of the guilty plea, we do not have a unified criminal law. Resolved pleaded guilty to the degree to come to different criminal law evaluation process, we should always follow the basic precepts of the following: first, pleaded guilty to plead guilty after better than sin sin;, v. pleaded guilty superior to complaints and complaints after pleaded guilty in v. pleaded guilty superior to plead guilty after a complaint; Third, take the initiative to plead guilty better than passive pleaded guilty; Fourth thoroughly plead guilty superior to thoroughly pleaded guilty. The drawbacks of the existing provisions: sin pleaded guilty after the admission of guilt and sin no strict distinction v. pleads guilty before a complaint in confession and pleaded guilty no strict distinction after v. initiative to plead guilty and passive guilty plea did not strictly distinguish thorough confession and thoroughly plead guilty without strict distinction. The focus of the research work of the guilty plea for clemency system should be placed in several key positions corresponding improvement measures, pointed out in the discussion.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > General Provisions > The use of penalty
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