Partial Application of Guilty Plea in Joint Crime Cases:Issues,Causes,and Improvements from the Perspective of Separate Cases Handling
The separate case handling system in China's criminal justice is designed to meet the needs of case handling,characterized by the dominance of public authority,stage-specific applicability,and case spe-cificity.Handling separate cases based on whether co-offenders plead guilty or not guilty helps improve litiga-tion efficiency and invigorate the system.However,it also faces such problems as unclear legal basis,insuffi-cient supervision,restricted rights of the accused,and the risk of prejudgment.The causes of these issues are linked to China's traditional ways of case handling that prioritizes substance over procedure,the unachieved dy-namic balance in the view of litigation,the cooperative yet insufficiently restrictive relationship between public security,procuratorates,and courts,and the adjudication mode focused on written records.To correct the dis-torted practices,it is essential to establish a unified system for separate case handling,clarify and standardize procedures,strengthen supervision and effectiveness of constraints,ensure the protection of rights,and define the scope of res judicata.These measures aim to implement the trial-centered litigation system reform goals.
separate case handling systemjoint crimeleniency for guilty pleasright to a fair trialrights protection
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