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The Exposition Of Construction On The Plea Bargaining System In China

Posted on:2011-10-09Degree:MasterType:Thesis
Country:ChinaCandidate:C H WanFull Text:PDF
GTID:2166360305981487Subject:Law
Abstract/Summary:PDF Full Text Request
The main purpose of plea bargaining is the pursuit of criminal efficiency value, and to some extent at the expense of fair value. However, in the dramatic increase in the number of crimes, judicial resources is limited, new types of crime, crime, high intelligence and increasing difficulty in making a complaint today, Plea Bargaining in the unique value of efficiency becomes very attractive, and this is only in the short within a short half-century, this system developed into the cornerstone of the U.S. criminal system, and the litigation systems in the world had a profound impact on one of the most major reason. Our country has also suffered from the same issue, so the introduction and establishment of the plea bargain system suited to China's national conditions, the voice rising. At the same time, there are many scholars have expressed their concerns, the current China, but no suitable soil for the survival and development of plea bargaining. In such a context, the author chose such a proposition, in the predecessors of plea bargaining on the basis of some personal opinions, with a view to the plea bargain system in our country to establish and improve benefits. This paper is divided into four parts, full text of more than about 24000 characters.The first part introduces the origins of plea bargaining system in the United States after World War II, as well as plea bargaining system in the rest of the world rise and development, we have designed a system of plea bargaining with Chinese characteristics, to provide reference; second part of the first of a brief introduction of the plea bargaining system in the efficiency of the proceedings and reduce v. tired, and reduce the social costs of the positive meaning, then, with emphasis on its legal principles with the three victims of the conflict and accused the limitations on the rights and interests to protect; third part is mainly From the efficiency of the proceedings, processing Doubtful Case, combating crime and the protection of legitimate rights and interests of victims of three aspects of the introduction of plea bargaining in China demonstrated the necessity as well as from our traditional legal culture, the modern concept of contracts and judicial practice, three aspects of the introduction of plea bargaining in China demonstrated The feasibility; fourth part of the main areas from seven to introduce China's plea bargain system model of the preliminary design.
Keywords/Search Tags:Plea-bargaining, System Evaluation, Necessity, Feasibility, Mode desig
PDF Full Text Request
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