A Study on the Improvement of Court Procedures for Examining Defendants in the Background of Amending the Criminal Procedure Law
The current court procedures for examining defendants in China face problems such as violating the principle of equality between the prosecution and defense,affecting the efficiency of trial,and tending to center on confessions.During amending the Criminal Procedure Law,the court procedures for examining defendants should be improved in three aspects:the timing,the methods,and the relationship between the court procedures for examining defendants and the court procedures for examining pretrial records of interrogation.In terms of timing,different examining times should be set for cases in which the defendants plead guilty and those in which the defendants do not plead guilty.In terms of timing,different examination times should be set for cases in which the defendant pleads guilty and those in which the defendant does not plead guilty.In terms of methods,the current mode of allowing the defendants to make a statement first should be maintained,and different examination procedures should be applied depending on whether the defendants plead guilty.In terms of the relationship between the court procedures for examining defendants and the court procedures for examining pretrial interrogation records,a combined mode of the two should be adopted.These changes in the court procedures for examining defendants are in line with the changes in China's criminal procedure system and practice brought about by the system of leniency for pleading guilty and accepting punishment.
court procedures for examining defendantspleading-guilty casespleading-not-guilty cases
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