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On The Procedures Following The Defendant's Pleading Guilty,

Posted on:2005-11-11Degree:MasterType:Thesis
Country:ChinaCandidate:J Z HanFull Text:PDF
Abstract/Summary:PDF Full Text Request
It has very important meanings on the criminal procedure law that the defendant pleads guilty, it can cause the emergence and change of certain procedures in the lawsuit as a kind of juristic act. Most countries in the world, in order to improve lawsuit efficiency and seek the best combination of efficiency and just, have set up the multi-form fast criminal decision procedures which bring the omission or simplification of the court's trial procedures .Such omission or simplification will certainly mean the forfeiture or reduction of defendant's procedure right. In order to get just, various countries generally give the defendant the right to choose the procedures, and the defendant's choice of the fast decision procedure is often under the prerequisite of pleading guilty, so many countries basically design and run the quick decision procedure around the defendant's pleas of guilty. Our country has also set up summary procedure and simplified ordinary procedure on the ground of the defendant's pleas of guilty. On the foundation of comparing the domestic and foreign criminal procedures after the defendant's pleading guilty, this text tries to find the main problem in such procedures and proposes that our country is unsuitable to introduce the plea bargaining system. Our country should establish three modes of fast decision procedures, pre-trial procedures, and the evidence discovery system. We should strengthen the system of advocacy...
Keywords/Search Tags:Criminal suit, Plead guilty, fast decision procedure Efficiency
PDF Full Text Request
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