Font Size: a A A

The Probe Of The Construction Of "Plea Bargaining" System In China

Posted on:2004-11-12Degree:MasterType:Thesis
Country:ChinaCandidate:L XiaoFull Text:PDF
Abstract/Summary:PDF Full Text Request
"Plea bargaining" is the rather special system in American criminal procedure, which roots in the ideology of adversary system and "due process". Provided that the prosecutors have widespread discretion, conforming with the desire of settling dispute as soon as possible and complying with the international trend to quickly dispose the defendant, plea bargaining system has the rational connotation. Plea bargaining impressively turned up in a case in Heilongjiang province last year, which evokes the self-criticism of the litigious efficiency of our country and the discussion of whether we should transplant the system in our criminal procedure. The sharply increasing crime rate in our country during the period of transform of economic form is a challenge to the traditional litigious mode and efficiency. At present, it is of great significance both in theory and practice to study the feasibility of plea bargaining in our country and make the system design.This thesis explores the specific system of plea bargaining, the operation process and the reason to implement such procedure in the mainly plea bargaining applying countries. And on the foundation of combining the conditions of our country, analyzing our criminal procedure system, the preliminary design of plea bargaining system in China is put forward . The thesis uses comparative analysis method to contrast the plea bargaining between America and Germany, between America and Italy, to demonstrate the possibility of combining plea bargaining with inquisitorial system. The value analysis method is used to clear-cut the reasonableness of plea bargaining, and the inductive method is used to testify the systematic level feasibilityof implementing plea bargaining in China.There are three chapters in this thesis with about 40 thousand words.Chapter one explores the plea bargaining system in America, traces back to the originate of the system and analyzes its traits, the cause of its existence and development and studies its operation process to give us omnidirection visual angle to full understand the system.Chapter two introduces plea bargaining system in other countries, distinguishes the system between America and Germany, between America and Italy and analyzes its applying scope and effects in inquisitorial system countries.Chapter three is the main part of the thesis, which gives the design of plea bargaining system in China. Firstly, it elaborates why the plea bargaining is reasonable on the basis of value analysis. Secondly ,the necessity and significance of transplanting the system is expounded from the points of status quo of our jurisdiction , the practical value and the function of the system to China. Thirdly, it investigates the theory basic and social basic to support the standpoint that plea bargaining system can be implemented in China. Lastly, the program and proposition about the design principle, the points for attention and the specific operation process of plea bargaining system in China are brought up after analyzing the difficulties in system design.
Keywords/Search Tags:Plea bargaining, Transplant, System design
PDF Full Text Request
Related items