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The Establishment Of Criminal Contract Mechanism

Posted on:2012-08-01Degree:MasterType:Thesis
Country:ChinaCandidate:W WeiFull Text:PDF
GTID:2166330332473522Subject:Law
Abstract/Summary:PDF Full Text Request
In the premise of scarce judicial resources, the establishment of Criminal Contract Mechanism will help to improve the efficiency and achieve a speedy resolution of criminal cases.Plea Bargaining and Criminal reeoneiliation of the criminal Proeeedings in the Western countries in their respective play an important role, Plea bargaining has become a mainstream action mechanism, in most cases replaced by a formal court proceedings.However, the existence of their own Plea bargaining system can not overcome the shortcomings-of the absolute exclusion of the interests of viethas.Relatively speaking,although fully aware of the criminal settlemeni the interests of the vietims, but because of its scope of application, the application of conditions of strictly limited to criminal proceedings as a whole it is difficuit to have a positive effect.And"China's first cases of Plea bargaining cases"such a revelation to us:the two systems may seem different, but they can practice in the administration of justice linked organically to become litigation to resolve disputes in a mixmeehanism. In this mode, three parities are involved in the contract instead of two parities, so the protection of the interests of all parties is more comprehensive. It provides a new idea for the establishment of the Criminal Contract Mechanism. At present, the establishment of Criminal Contract Mechanism is still in exploration stage. From the inspiration of the first case we know that in order to handle criminal cases with high efficiency, achieve harmony, fairness and justice, the enhancement and improvement of many aspects (such as the basic ideas, the consultative body, the scope and the launch condition and the improvement of related judicial review system) are still needed.
Keywords/Search Tags:Plea Bargaining, Criminal Settlement, Criminal Contract Mechanism
PDF Full Text Request
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