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On Plea Bargaining System In Criminal Suit

Posted on:2007-08-21Degree:MasterType:Thesis
Country:ChinaCandidate:L ShiFull Text:PDF
GTID:2166360212473092Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
As a judicial system, plea bargaining system means the public procurator lightens accuses or brings forward judge the benign suggestion of reducing defendant's penalty to gain the defendant's guilty reply in the way public procurator and defendant or his lawyer have consultations with question of guilty and penalty to the defendant before opening a court session and trying. Plea bargaining has its theoretical foundation produced: The philosophy view of the pragmatism is it's thought foundation; The agreement idea is it's cultural foundation; Party's doctrine is it's system foundation; Silence right and discovery is it's commensal system. There are positive meanings in realization of fairness and efficiency of criminal suit in the existence of plea bargaining system. But in our country, because criminal law is defined in term of forcing in the country for a long time, "autonomy" in criminal suit is ignored, which lead to this system has not been established in our country in fact. Today when we discuss how to construct the system of new criminal suit, the debate of plea bargaining has important theory meaning and practice meaning. Plea bargaining that is suitable for the China's actual conditions can effectively remedy the shortage of current criminal suit and makes it have forgiving nature extensively even more and embodies justice idea, lawsuit efficiency idea, idea of punishing crimes to ensure combining together with human rights that best reflects criminal suit of our country. There are 3 kinds of views about the application of plea bargaining system in the domestic law circles: affirmation, negation, and postpone. From the feasibility and necessity of introducing of plea bargaining system, our country should establish this system when the criminal procedure law is revised. The construction of the system can start from its applicable scope, terms, operation sequence and supervision mechanism, etc.
Keywords/Search Tags:plea bargaining, criminal procedure, autonomy, construction
PDF Full Text Request
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