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On American Plea-bargaining

Posted on:2004-01-30Degree:MasterType:Thesis
Country:ChinaCandidate:D Z ZhengFull Text:PDF
GTID:2156360122470190Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
American plea-bargaining emerged in nineteenth century. It is that the defendants gain the prosecutor's fair lenient treatment by the guilty rejoinder. The public prosecutor, judge, defendant's lawyer develop the different function in plea-bargaining. There are three views on plea-bargaining in America; they are approval theory, abolishment theory and neutrality theory. Plea bargaining can emerge and is applied extensively in America, it is the result that American Crime Judiciary Produces, The fact that American legal culture and legal values that carry out the liberalism, pursue the proper procedure principle and insist the realism judicial fair view and the judicial cost view, deduce out the result. At the same time, that prosecutor and defendant can gain a profit from plea-bargaining provides important motive. The system's vitality comes from its inner part. Though American Plea bargaining has its certain of negative effect, its positive effect is its main current. Its inner value that it gives the defendant the subject status of a procedure and saves the judicial resources and is good to protect the party's rights and embodies the allowance law spirit give plea bargaining the powerful vitality. Comparing with American plea-bargaining, our criminal summary procedure exists some blemish .It can't carry out some function such as rising the litigation efficiency. The article lay claim to draw lessons from the bargain system in order to perfect our crime summary procedure and to transplant the system within a certain scope. But, in the transplantation process, we should come right plea bargaining in our criminal lawsuit by some measures, such as, to limit its scope and contents and to confirm term of its application and to establish the mechanism of judicial review, and so on.
Keywords/Search Tags:plea bargaining, America, criminal summary procedure
PDF Full Text Request
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