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Studies On The Plea Bargaining System

Posted on:2006-06-02Degree:MasterType:Thesis
Country:ChinaCandidate:M ZhangFull Text:PDF
GTID:2166360155454342Subject:Law
Abstract/Summary:PDF Full Text Request
In our country the judicial personnel work under great burden because of the severe scarcity of judicial personnel at present. But new cases, particularly those with network as medium pile up. The criminal member makes use of the high new technique that happens across the province even country continuously. These factors obviously give the judicial personnel heavier pressure. Cases are accumulated like mountain; the suspect were extorted a confession and extended custody by the judicial sometimes. It makes them lose basic personality right that they should own. The above-mentioned problems make the prestige and justice of the judicial discount greatly in people's mind. Raising the litigation efficiency and saving litigation cost are the characters of plea bargaining. They can resolve the problems easily. " The plea bargaining" which appears in our basic court cause a lot of people's attention. Then the theorists and practitioners of the criminal procedure argue the system as the subject to carry on extensive study and discuss thoroughly. With the development of international trend of litigation, it's possible and necessary to set up Chinese style plea bargaining with the reference of the reasonable factors in the system. According to the demand of theories study is divided into three parts: the preface, text (three parts), conclusion.Chapter one: The origination and content of the plea bargaining. The article introduces the plea-bargaining and the history development of the system in some major developed nations firstly. When most countries refer the plea-bargaining they try their best to prevent and reduce the negative effects of the plea system in the smaller scope. They make it melt into their criminallitigation procedure realm and service their procedure better. Then the article introduces the concept and characteristics of plea bargaining, the patterns and contents of plea bargaining and the litigation subject of plea bargaining. After that we can see the essence of the system and understand the position of litigation role clearer. The plea bargaining is one of the criminal litigation procedures originated in American law system, which has been used for reference in many developed country .If we want to introduce the system, we should compare, identify and analyze it We should absorb the better factors and prevent the negative effects of the plea bargaining. According to this we can establish the system reasonably and scientifically.Chapter two: The connection between the plea bargaining and other litigation procedures. The article introduces the characteristics of the simple procedure definitely, from which we can see the procedure is an opposing soon procedure and a special procedure of the common procedure. The plea bargaining can be seen as a unresisting procedure. With the raising of the criminal case in our country and the limited judicial resources the concern departments make a law about " the defendant confession case " in order to raise the quality and efficiencies of the criminal case. This is so-called common procedure simplification. Although there is a bigger difference between the plea bargaining and the simplification procedure, their spirit is the same. Because the shortsighted idea exists in our academic circles ,few person has written a book or published an article about the plea bargaining in recent years. In my article I will use our Supreme People's Court's judicial explanation and the simple procedure lawmaking to analyze the possibility of applying to the system so that it can make more people give more attention.We should combine the common procedure, simple procedure and simplification procedure into the whole. We should keep advantages of them and reduce the negative effects in order to give a better service for the criminal litigation procedure of our country.Chapter three: The feasibility of adoption plea bargaining in our country. This part is not only the textual core, but also my creative part. It is from three different angles to perceive the system: fair and moral in the bargaining, right and contract of the bargaining and being or not about the bargaining in practice. Then we can get a conclusion: the plea bargaining exists a certain blemish and shortages, with the development of the system and cognition by the people it still shows its special magic power. Then the article quotes the researching on the system from the criminal litigation procedure of academic meeting in 2002. It can be categorized the support the opposing and the suspicion. The conflict standpoints about the system are very violent as a spark of vehemence and make us more comprehend the system deeply. Finally the article puts forth effort to clarify that the feasibility of adoption plea bargaining in our country. We should recognize that is legitimacy to a great extent, and it can be helpful to make up the deficiency of the simple procedure, criminal policies named "exempting guilty witness", "leniency if confession", "arbitrating then discharged"and"repealing the lawsuif'etc. It's possible and necessary to establish the Chinese style plea bargaining with the reference of the reasonable factors in the system adopted by foreign countries.It is a large and complex project to construct the Chinese style plea bargaining .We should create some system and procedures to fit for plea bargaining . We should explore and pursuit the essential of the system. We...
Keywords/Search Tags:Bargaining
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