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The Enlightenment About Plea Bargaining From The Comparative Law Sight

Posted on:2012-03-13Degree:MasterType:Thesis
Country:ChinaCandidate:Y J ZhaoFull Text:PDF
GTID:2166330335457626Subject:Comparison of the Law
Abstract/Summary:PDF Full Text Request
Plea bargaining was originated in the United States. Nowadays, plea bargaining is still applied in the United States. Birth and development of plea bargaining has been accompanied by sharp controversy, but the controversy did not prevent its extension step. Because of plea bargaining with efficiency, conservation of judicial resources, values of respecting for the dominant position of the accused, learned by not only Canada, Britain and other common law countries, but also by Germany, Italy and other civil law countries. However, in China traditional theories denied the practice of plea bargaining, also denied the existence of plea bargaining. But in fact, in Chinese current judicial system, there are many regulations have the same requirements with plea bargaining system, and in judicial practice, there are ways to resolve cases through plea bargaining. In this paper, the writer will adopt a comparative approach, analyze the rational factors of plea bargaining, and suggest building a realistic model of plea bargaining in China. This paper is divided into five chapters.The first chapter is an overview of plea bargaining. The second chapter is an introduction of plea bargaining in the United States, Germany and Italy, and the key differences in them. The third chapter is the analysis of advantages and disadvantages of the use of plea bargaining, and how to prevent negative impacts. The fourth chapter is present situation of "Plea Bargaining in China" .In the fifth chapter, the writer make suggestion about how to improve the "Plea Bargaining in China".
Keywords/Search Tags:plea bargaining, surrendering, guilty plea
PDF Full Text Request
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