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Plea Bargaining In China And Explore

Posted on:2009-04-25Degree:MasterType:Thesis
Country:ChinaCandidate:J Y ZhangFull Text:PDF
GTID:2166360278971156Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Explains the transaction is the public prosecutor and the accused person or accused person's trial lawyer on the accused person whether to make the negotiations which and the transaction the guilty reply carries on. First of all, have a practice of plea bargaining in the United States in the 19th century. At that time, the U.S. crime surge, criminal justice resources extreme short, to alleviate the resources deficient pressure, the American some areas' public prosecutor attempts with the trading mode receives in exchange for the accused person to acknowledge guilt the reply. Explains the transaction to be able the highly effective fast solution case, simultaneously has the significant significance to accused person's return society.In this paper, read a lot of literature on the basis of domestic and foreign, through the use of comparison, analysis, summarized and so on, systematically expounded on the origins of plea bargaining, the introduction of plea bargaining in the world and the development of the situation, The Chinese style explains transaction system's questions and so on construction. The article divides into five parts: First, to explained the transaction system to carry on the detailed introduction; Next, further analyzed has explained the transaction system other national development and profits from the situation outside the US, elaborated that explained the transaction system construction and the existence significance, to explain the transaction system Chinese to provide a stronger basis; Third, to explained the transaction system to carry on the profound evaluation, has carried on the contrast from the pro and con two aspects, elaborated separately explained the transaction system's deficiency and explains the transaction system existence the value; Fourth, elaborated our country reality judicial environment and the judicial reform prospect, the system elaborated that explains the transaction system the feasibility which and the necessity establishes in our country. Finally, is related legislative take our country the present situation as the starting point, how to construct the Chinese style to explain the transaction system to propose own view and the suggestion.
Keywords/Search Tags:Plea Bargaining, sinicize, Feasibility, essentiality
PDF Full Text Request
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