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The Comparative Study Of The Plea Bargaining And The Criminal Reconciliation

Posted on:2010-07-05Degree:MasterType:Thesis
Country:ChinaCandidate:Z F ZhangFull Text:PDF
GTID:2166360278976225Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Plea bargaining system,generated in the 19th century, has become a common practice and is playing a important role in the criminal judicial system nowadays. Plea bargaining is a different system from the ordinary judicial procedure, presented in order to improve lawsuit efficiency and economize judicial input because of the high crime rate, aggravating reality of criminal long-pending cases and the tedious and costly judicial procedures in the U.S.A. Plea bargaining is a kind of consensus between Prosecutor and Criminal defendant, means to make the prosecutor offer a lower sentence request to the court in case that the defendant confessed to the crime, thus to reduce the usage of judicial resources and the litigation risk. Criminal reconciliation rose at the middle of the 20th century in the West, it is a consensus between offender and victim. It is designed to make the victim obtain damage compensation , the offender obtain a wide rage of understanding and the social order gain restoration. Although the two systems have long been controversial, they still show strong vitality and have been exercised and developed in common law and civil law judicial practice.Despite the facts that our law culture tradition is different from that of the West, the environment of rule of law has its own characteristics, the new Chinese criminal system has built for only a few decades, many provisions in the criminal system are much too abstract and hidebound when compared with the complete litigation legal systems of the West, and the structure of the system also has some unreasonable parts and imperfections, some great developments have been made from the reform and opening up, such as the pace of construction in China's legal system was significantly accelerated, the integration between the two systems was speeded up, people's concept has been updated, all of which provide a basic theory and practice for using the plea bargaining and criminal reconciliation system for building a consultative process of criminal proceedings which is suitable to our country.How to study Plea Bargain has aroused general concerns and various researches arose, however, all the researches only pay more attention to whether Plea Bargain can be adopted by the Criminal Proceedings of our country, whereas the works are few which detailedly explains its origins and appliance, and brings forward a pattern of feasible transplantation to suit the situation in our country. Therefore the thesis tries to put forward some feasible advice.In view of this situation, this thesis, based on the comparative study of the plea bargaining and the criminal reconciliation, discusses its feasibility in our country, and points out that the integration of criminal contract is the direction of the plea bargaining and the criminal reconciliation development, which is the right value and significance of this thesis.
Keywords/Search Tags:Plea Bargaining, Criminal reconciliation, Comparison, Criminal contract
PDF Full Text Request
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