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Study On The Penal Plea Bargaining

Posted on:2007-09-28Degree:MasterType:Thesis
Country:ChinaCandidate:H H LiaoFull Text:PDF
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This article exercise comparative analysis technique and demonstration analysis technique to probe into the advantages and disadvantages about adopting the Penal Plea Bargaining now. The whole article consists of three parts: Preface, Main Part, and Ending.The main part is divided into four chapters.Chapter 1 is primary about the definition, backgrounds and development of the Penal Plea Bargaining. Firstly, introduce the connotation, the classification and the characteristics of the Penal Plea Bargaining. Secondly, stress the provenance and development of that system in America. Then analyse the legislative actuality in some developed countries, such as England, Italy, Germany and the Netherlands.Chapter 2 concerns three primary viewpoints on adopting the Penal Plea Bargaining now, those are the affirmative standpoint, the negativism, and the deferrable viewpoint. This part analyses the advantages and disadvantages of that system from positive and negative, as well, this part discusses the possible problems we would face if adopting the system now. The problems include five aspects, such as the two parties can bargain whether or not;the relation between the Penal Plea Bargaining and justness together with efficiency; the Penal Plea Bargaining and the protection of the victims, the Penal Plea Bargaining and judicature corruption, the Penal Plea Bargaining and the status of our prosecuting attorneys in proceeding.Chapter 3 involves the theoretical research and legislature practice. Firstly, analyse the elements of the Penal Plea Bargaining in America, including the cultural foundation, the attorney system and so on, then dissertate the necessity of introducing the Penal Plea Bargaining. Balancing the advantages and disadvantages, get the conclusion that we should absorb the elite, transform it by uniting the condition for our country.Chapter 4 focus the research angle domestic. Firstly analyse the successful experience in Italy. Secondly discuss the foundations we have on adopting the system, including the prevenient cases and judicial practice, the environment of legal system and law institutions. Thirdly, analyse the institutions on adopting that system, such as...
Keywords/Search Tags:the Penal Plea Bargaining, Legal environment, Advantages and Disadvantages
PDF Full Text Request
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