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Research On The Reasonable Content Of Plea Bargain And Construction Of Change And Defense Consultation System In China

Posted on:2003-08-26Degree:MasterType:Thesis
Country:ChinaCandidate:Z Q QuFull Text:PDF
GTID:2156360065960622Subject:Law
Abstract/Summary:PDF Full Text Request
Plea bargain System is a special public,prosecution system which originated from America Criminal Suit interrogation procedure. It mainly includes:Consultations and negotiations that have been done for defendants in the problems of declaring guilty and reducing Penalty between accusing party (public procurator) and defensive party.(defendant,defense counsel) before the court opens. When the defendant gives a certain satisfactory answers to the questions which the public procurators ask,According to the concrete conditions of the case. The public procurator will decide to reduce the quantity of charging,lower the quality of accusing guilty or put forward some suggestions for the court to reduce penalty. After the judge learns the truth and voluntary of defendant's admitting guilty reply. They will be declared guilty directly based on accusing without opening the court. In America,a large proportion of criminal cases are done by Plea bargain.After the Second World War,Two main legal Systems in the world,Britain,Canada,Germany,Italy,etc,have done different feature of Plea bargain practice to different extent in the Course of Criminal Suit,and each of country has established their own Plea bargain system through criminal suit legislation. Therefore,Plea bargain tends to be more popular in the world. In Criminal Suit,Japan has taken in the legal spirits of Plea bargain in both Britain and America,and combinesits own conditions to establish the prosecuting hesitation system.The author of this article has done some comparasi on and analysis on Plea bargain Systems in America,Britain,Canada,Dermany,Italy and so on. Analyse the reasonable existence of Plea bargain. That is,it embodies the efficiency value aims of Crimind Suit,embodies punishing serious crimes in current western countrise and obtaining maximum social benefits in criminal justice;shows the principal role of the defendant in criminal suit and democratic thoughts of lawsuit;and also shows the individual value outlook of criminal penalty. At thesame time,the writer also analysis its bad ertects due to the structure drawback of Plea bargain. That is ,To some extent,it destroys the fair justice and neglects the rights and protection for the victim.In the article,the author uses dialectics,history analysis,comparative research and so many scientific methods,puts special emphasis on a large number of problems in present criminal justice of China. That is,the lower lawsuit etlicieacy due to unreasonable disposition in judicial resource,lack of quarantee in defendant and procedure rights,and the frequent unwise confrontations between accusing party and defensive party during the criminal suit;widely discuss the reasonable factors of Plea bargain System in China which was borrowed from the criminal suit in Western Country ,and also discuss the reasonablness,necessity and feasibility of setting up charge and defense consultation system that is fit for the conditions of China and for the law of Criminal Suit,and put forward some practical ideas for setting up this system,...
Keywords/Search Tags:Plea bargain, Legal transplantation, Charge and defense consultation
PDF Full Text Request
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