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Research On The Procedure Of Guilty Plea

Posted on:2014-01-17Degree:DoctorType:Dissertation
Country:ChinaCandidate:D K XieFull Text:PDF
GTID:1226330395993913Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
In modern society, the criminal process based on the types of cases,defendant’s conditions, penalty levels and other factors have becomeincreasingly polarized, which is criminal litigation system is gettingmore sophisticated and mature. Distinguishing guilty plea cases withcase pleaded not guilty to apply different type of procedures, reflectsthis trend. However, modern criminal process has the assumption thatcountries battle defendants and it’s in a mutual struggle and conflictrelationship. Guilty plea will reduce or even eliminate the conflictsand struggles, ease the hostile relationship between them. Theestablishment of criminal process based on guilty plea challenge of themodern criminal justice system. The majority of criminal cases aretreated through guilty plea procedure in practice to realize thediversion of criminal cases, or to enhance the efficiency of criminaljustice system, or restore the order of law.Firstly, this article criticizes the theory that admission of thefacts of prosecution is guilty plea. It’s a guilty plea that defendantsadmit of the facts and deny his action constitute crime by this theory.It’s contrary to common sense, and also cause criminal legislation andjudicial in confusion and chaos. Guilty plea is to admit his own actionconstitutes a crime from the perspective of substantive. It is a valuejudgment rather than factual judgment, emotional behavior rather thana legal behavior. From the perspective of procedure, guilty plea is thatsuspects or the defendants admit their own action constitute crime incriminal process. There are contacts between guilty plea and confession,but there are differences.Secondly, it’s about the basic theory of guilty plea process. Thetheory on purpose and structure of criminal process is the fundamental theoretical category of criminal procedure, and also is basic theory ofguilty plea process. By now, the dual purpose of crime control andprotection of human rights is prevailing doctrine in our country. Guiltyplea process has challenged the doctrine dual purpose that can notexplain many important issues in guilty plea process, such as summaryprocess, victim-oriented in criminal reconciliation, decriminalizationand depenalization treatment in guilty plea process. Some scholars thinkthe purpose of criminal procedure is resolve dispute. However there aredefects in the theory of dispute resolution. For example, it can notexplain the review of the factual basis for guilty plea. This articleanalysis the purpose of criminal proceedings theory, the theory ofpeaceful legal order should be introduced to avoid the internal divisionof the criminal procedure system and resolve the basic problem of guiltyplea process. From the theory of criminal process structure,guilty pleaprocess subvert the battle model in criminal procedure, the theory ofadversary system and inquisitorial system is not fully applicable toguilty plea process,but it has both factors and promote the absorptionof the systems. Sentence is a substantive problem, but the sentencediscount in guilty plea process is not a pure substantive problem.Retribution penalty theory concerning what has happened, can not explainsentence discount in guilty plea process. From the utilitarian penaltytheory, defendant pleading guilty with good attitude deserves sentencediscount, but it is difficult to judge the real motive of the defendantpleading guilty. From the perspective of procedure,sentence discountcan be regarded as transactions between the state and the defendantpleading guilty. But this will result sentence differences betweenguilty plea and not guilty plea. Therefore, reasonable regulation isnecessary to carry out to control those differences.Thirdly, it’s to summarize models of guilty plea process and analysis the pros and cons of those models. From the relationship ofprocedure between guilty plea and not guilty plea, there are same processmodel and multi-process model. This distinction conforms to thedevelopment of guilty plea process. From the method of simplification,there are simplified trial procedure model and simplified pre-trialprocedure model. Guilty plea process mainly adopts the former all overthe world. In China, practice used to try simplified pre-trial procedurein guilty plea cases. From the treatment of process, there areretributive justice and restorative justice. Guilty plea has differentfunction in them. Retributive justice emphasizes factual function whilerestorative justice highlights the value judgments property of guiltyplea. From the perspective of whether there is negotiation betweenprosecutor and defendant pleading guilty, there are negotiated justiceand non-negotiation justice.Then, it’s to analysis the guilty plea process in China. The Codeof Criminal Procedure of2012revised expanded the scope of summaryprocedure, established criminal reconciliation process and conditionalnon-prosecution process. Those three procedures indicated that China hadbasically established diversified guilt plea process. This chapteranalysis those process from the perspective of the scope, rightsprotection and powers control, then analysis advantages anddisadvantages of those processes in models.In last, it’s to analysis the proof in guilty plea process. Themodern evidence law also has the assumption of battle model. Guilt pleachallenges the principle and rule of modern evidence law. The model ofproof in guilt plea process has experienced a conversion fromstrengbeweis to freibeweis. But because of our criminal procedurepresented the docket transcript centrism model in practice, there is nosignificant difference between guilty plea process and non-guilty plea process in practice.
Keywords/Search Tags:guilty plea, the harmony of law, summary process, conditionalnon-prosecution, criminal proof, criminal reconciliation
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