Research On The Adoption Of Plea-bargaining In China

Plea-bargaining is an effective way to improve the efficiency of the criminal trial, although originating from the common law system. However, China has started trial practice in the administration of justice in the plea bargain system with Chinese characteristics. The so-called "plea bargain" is popular on the international criminal court hearing, Prosecutors reply to the defendant's guilt for the prosecution to make lighter and smaller than the original charges of crimes allegations promise to a judge or sentencing recommendations for the conditions favorable to the accused, and the defendant (usually through a lawyer) will be conducive to the best conditions in their court, bargaining for the formation of a system of justice. Plea Bargaining in the United States has produced more than 100 Nianqiande and apply such a way as fast, can ffectively improve the efficiency of the proceedings, save legal resources to expedite the clearing of cases, therefore, Most states can be widely used in the United States, many countries have now applied plea bargaining. Based on the plea bargaining in the application of analytical and foreign and domestic, Plea-bargaining has reached the following advantages :â‘ plea bargaining in criminal cases Creation of a mechanism for handling non-confrontational. Second, a criminal plea bargaining so that a win-win situation for both the prosecution and the defense.â‘¢plea bargaining deal with the suspect to provide a new option of the offense. However, due to the lack of legal, institutional, procedural mechanisms for the effective protection and misuse of plea bargaining. Because of judicial practice to obtain sufficient evidence to compel the defendant pleads guilty, keeps emphasizing leniency to those who confess, ignoring the evidence. Plea Bargaining combined years of judicial practice in China, the recognition of China's judicial practice of plea bargaining in a positive role, In its application also pointed out the problems that exist. Frankly major analysis of the leniency policy for years, frankly leniency is the creation of judicial practice, Plea Bargaining in line with the basic spirit of its inherent. Frankly a lot of leniency in the application of justice to our cost savings to solve a lot of judicial inquiries, adapted to the judicial power, the basic condition is not high technology surveillance. Frankly advantage of the leniency policy and affirmed the applicability, but also pointed out the loopholes and shortcomings in its actual operation. Therefore, it examines the application of the plea-bargaining system in our country and improve prospects ways, Plea-bargaining system to make better social services for building a socialist country ruled by law.The full text including introduction, body, conclusion, the three-part, the following major elements :The first part is an introduction. introduction of plea bargaining in domestic development and application of Plea Bargaining in China highlights the advantages and application of the existing problems and the purpose of writing this paper.The second part of the body, including the body of the first five chapters :Text Chapter I theory is outlined in the plea bargaining. First clear the concept of plea bargaining. The so-called "plea bargain" is popular on the international criminal court hearing, Prosecutors reply to the defendant's guilt for the prosecution to make lighter and smaller than the original charges of crimes allegations promise to a judge or sentencing recommendations for the conditions favorable to the accused, and the defendant (usually through a lawyer) will be conducive to the best conditions in their court, bargaining and the formation of a judicial system; The second section describes the application of the plea bargaining, The defendant pleaded guilty in the case, prosecutors generally take four ways "lenient" treatment : First downgrade allegations If this should be charged for the crime of rape, indecent assault, which was reduced penalties; Second is to reduce the charges. If the crime was committed by the two accused to a crime; Third extenuating indicted, who may be sentenced to 20 years in prison without trial judge in the case only three years of imprisonment. Fourth, it is proposed to apply suspended sentences; Finally, to clarify the meaning of the applicable Plea Agreement : 1. Creation of a plea bargaining in criminal cases handled in a non-adversarial mechanisms. 2, a criminal plea bargaining so that a win-win situation for both the prosecution and the defense. 3, plea bargaining for a new treatment option for crimes suspect manner.Text Chapter II Plea-bargaining is the main chapter in the development and application abroad. First introduced the system of plea bargaining in the United States was the first to apply. Plea Bargaining produced in the 19th century, the United States, the American capitalist economic boom, There are alarming growth in crime, criminal cases increased several times as many cases have been backlog. To the limited judicial resources in a timely manner to address these other crimes. Some cities in consultation with the defendant and the prosecutors used the transaction closed. For example, to reduce the number of crimes or allegations to the judge to lower the sentence range for the defendant guilty urge to reply soon closed. Because such a way quickly to effectively improve the efficiency of the proceedings, save legal resources to expedite the clearing of cases, therefore, Most states can be widely used in the United States. Secondly, other countries have also established the plea bargaining system. Plea Agreement with the United States, precisely because of the success of such a major and important role, the United Kingdom, Germany, France, Italy also have to follow a set of plea bargaining procedures in accordance with their own national conditions. In judicial practice, which is playing an increasingly important role;Chapter III of the text of the analysis of the development and application of our plea bargaining. First, the emergence of China's system of plea bargaining; Plea-bargaining is an effective way to improve the efficiency of the criminal trial. Although the origin of its common law system, China has started trial practice in the administration of justice in the plea bargain system with Chinese characteristics. March 14, 2003, the Supreme People's Court, Supreme People's Procuratorate, Ministry of Justice jointly issued a "general proceedings on the application of a number of cases the defendant pleads guilty (Trial)," and the "fitness Simple rules of criminal procedure "Some Opinions of the two judicial documents. judicial policies aimed at building the plea bargain system with Chinese characteristics. Second, the practice of plea bargaining in China. "Telling the Truth" as arising from a revolutionary base in China, and used since the criminal basic policy in collapse. divide, education has played an important role in saving the criminals. Plea Bargaining in line with its inherent spirit, can also be regarded as a prototype in China early application of plea bargaining.Text of the fourth chapter of our judicial practice in the application of the advantages and disadvantages of plea bargaining. My first expounded on the need to apply the plea bargaining. In today's world, almost all developed countries to establish a judicial system of plea bargaining. apply a lot of plea bargaining to save litigation costs and provide a solution to some difficult cases. My case, the judiciary forces are relatively weak, and more difficult and complicated cases of limited judicial power can not be dealt with alone. Plea Agreement on the application as necessary. Frankly leniency policy for years to the benefit of our judicial practice shows its necessity. Second, a clear application of the practice of plea bargaining in our judicial advantage Plea-bargaining advantages of the system include the following : 1, 2 to reduce the need for other crimes. The need to save litigation costs 3, 4 and help protect the legitimate rights and interests of victims, will help protect criminal suspects. a defendant's rights; Third, the judicial practice of plea bargaining to explore the application of the negative impact of : 1. China's criminal justice system deficiencies, 2, is difficult to apply, 3. difficult to negotiate the ability to protect the balance among the four reviewed and relief problems.Chapter V on the main author of China's system of plea bargaining on some ideas of the Enlightenment and prospects in view of Plea Agreement , it is necessary to improve the basic criminal policies, procedures, stereotyping, and overcome their shortcomings, promote its strengths so trust in the judicial practice of the parties, the judiciary good. Out of these guidelines, the authors made some on the idea of plea bargaining. and look to further improve our system of plea bargaining and continuous development.The third part is the conclusion of the text summary of plea bargaining system can expect continued improvement, and development makes plea bargaining system, the law of ways, truly according to law.