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Development Of Plea-bargaining System And Value Analysis

Posted on:2009-03-27Degree:MasterType:Thesis
Country:ChinaCandidate:B B ZhengFull Text:PDF
GTID:2166360272462675Subject:World History
Abstract/Summary:PDF Full Text Request
Plea-bargaining system is a criminal justice system which stemmed from the 19th century's US and was widely used in long-term judicial practice. As the number of the criminal cases was on the rise more and more cases remained unresolved. In order to solve the problem under limited judicial resources condition some public prosecutors in metropolitan cities started the use of plea-bargaining in judicial practice. That is, on the premise of defendants' plea of guilt, the prosecutor would ensure to reduce or alleviate the defendant's guilt or would promise to make suggestions to the prosecutor which would be advantageous to the defendant. Due to the fact of greatly reducing the prosecutor's pressure of adducing evidence and saving the judicial cost and improving the efficiency of justice and to some degree avoiding severe punishment of the defendant plea-bargaining came into widespread use in most states of US. Besides, in 1970's plea-bargaining had broken the barriers of country, nature of the state, tradition of the law to be widely used in many countries and areas such as Britain, Canada, Germany, Italy and so on. And in China, with the development of opening policy, similar situations emerged as those which took place in the western countries including America in the 19th century. Under this background, plea-bargaining has arose wide concern and discussion in the academic circle. However, our discussion mainly focuses on whether to introduce or not and how to introduce, and less attention is put into the basic study of the origin and development and the value analysis. Therefore, the design of the system would be inconveniencing. And then, it is the author's primary motive to search for the origin and to make a thorough analysis of the value of plea-bargaining.In order to make a detailed discussion, the article is divided into four parts.In the first part, we mainly focus on the discussion of the origin and the background of plea-bargaining. Through the analysis of the fact material and digital material what are connected to the social background of that time, the fact that plea-bargaining came into existence in early 19th in US would become clear. Besides, during the narration of such a fact, such problems are also related as the relationship between plea-bargaining and contract culture and the relationship between plea-bargaining and adversary system lawsuit pattern.In the next two parts, the discussion is mainly on the development of plea-bargaining in US and other countries. A clear picture of how plea-bargaining came into the sight of the public from the underground state, and how it became a basic judicial system of the state from a sheer objective existence in judicial practice, how it entered other areas of the world. At the same time, from the perspective of pragmatic philosophy what is unique in US, the author further explains the reason why plea-bargaining got rapid development among such a strong controversy.In the last part, the author mainly makes a rational discussion on the value of plea-bargaining and the positive and negative aspects of plea-bargaining so as to make a thorough analysis of the value of plea-bargaining.From the above narration, the origin and the development and the value of plea-bargaining become clear, but are there any relationship among them? If there is, what is it?What is the fountainhead of the vitality of plea-bargaining? What are the rules to guide it? What is the inner drive? About all the questions, the author gives a direct answer and puts forward his own view: it is the three elements of contract culture, adversary system lawsuit pattern and pragmatic philosophy that form the inner drive of plea-bargaining. Contract culture promotes the birth of plea-bargaining, adversary system lawsuit pattern creates a perfect condition for the rationality and positive aspects of plea-bargaining and pragmatic philosophy enables the people to tolerate the defects and the negative aspects of plea-bargaining and spurs the people to perfect and make active repair of plea-bargaining. At the same time, a far wide region of globalization and legal family's integration of plea-bargaining gradually come into sight.
Keywords/Search Tags:Plea Bargaining, Guilty Plea, Value
PDF Full Text Request
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