analysis of combining punishment with leniency under the vision summary（分析总结下惩罚与宽大相结合的愿景）.docVIP

Analysis of combining punishment with leniency under the Vision summary Abstract 2012 amendment of the Code of Criminal Procedure to modify the summary system, expanded its scope of application, which is conducive to optimizing the allocation of judicial resources, but the new law does not empower the defendant in the application of summary procedure, commutation of sentence, which is not conducive to the protection of the human rights of the accused, and will hinder the popularity of the summary. criminal policy is China’s basic criminal policy of combining punishment with leniency, as the existing legal basis for reduction of sentence the defendant to it as a guide, apply the simplified procedure, discretionary sentencing factual basis, the defendant pleaded guilty, is conducive to the protection of the human rights of the accused, give full play to the advantage of the summary. The Paper Keywords summary The Criminal Policy discretionary sentencing The decision of the National People’s Congress on Amending the Criminal Procedure Law of the People’s Republic of Chinagt; lt;lt; 2012 gt;gt; (hereinafter referred to as the amendment of the summary made substantially modified. Amendment to Article 80 of the summary of the applicable object from the past “in accordance with the law may be sentenced to three years imprisonment, criminal detention, control, punished with fines case of public prosecution extended to cases likely to impose any penalty, how should we think of this change? A summary of the problem of human rights According to the amendments, the summary refers to the grassroots people’s courts some simple criminal cases apply a relatively simple trial proceedings. Compared to the ordinary procedure, summary characteristics: first, on the organization of the trial, may be sentenced to three years in prison following penalty formed a collegiate bench trial judge or a Durenshenpan, second, greatly simplified court proceedings against the Code of