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On Plea Bargaining System

Posted on:2004-11-28Degree:MasterType:Thesis
Country:ChinaCandidate:X Q JiangFull Text:PDF
GTID:2156360095453042Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Plea bargaining has rapidly been the very important part of the criminal justice system in the USA since it emerged in America more than 200 years, because it can raise efficiency quite evidently and avoid the risk of proceeding etc. Today, the amount of applying this procedure has been up to over 90% of all criminal cases in the USA. Firstly, the author describes the survey of plea bargaining. Secondly, the author talks about four basic problems of the plea bargaining. Thirdly, the author discusses the legitimization of plea bargaining. Fourthly, the author talks about something that China should draw lessons from plea bargaining. Finally, the author establishes the plea bargaining with Chinese Characteristics-plea of guilty speedy procedure.The dissertation is about 38,000 words, consisting of five chapters.Chapter One about the general situation of plea bargaining. By introducing and analyzing it's conception, history and it's developments in Germany, Italy, Espana etc, the author describes the survey of plea bargaining. Chapter Two is about the four basic problems of plea bargaining. They are the type of plea bargaining, the elements of plea bargaining, the system foundations of plea bargaining, the arguments on retraining or abolishing plea bargaining. Chapter Three is about the legitimization of plea bargaining. It can raise greatly proceeding efficiency, satisfy the needs of realistic just and adversary proceedings, accord with litigious psychology and conforms to the simplification trend of the Due Procedure. Chapter Four discusses that China should draw lessons from plea bargaining, because we must standardize embryonic forms of plea bargaining and raise proceeding efficiency and decrease the exacting a confession by torture. In the Chapter Five, the author establishes the plea bargaining with Chinese Characteristics-plea of guilty speedy procedure.
Keywords/Search Tags:plea bargaining, the legitimization of plea bargaining, plea of guilty speedy procedure
PDF Full Text Request
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