Font Size: a A A

The "plea Bargain Factors" In Criminal Judicature And Its Systematic Development In China

Posted on:2011-10-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y WanFull Text:PDF
Abstract/Summary:PDF Full Text Request
The plea bargain system originated from 19th'America and increasingly developed with the disputes, which is transplanted to Germany, Italy and other countries later. And there are no plea bargain system rules in Chinese legislations, but the similar judicial practices would be common such as the non-versus of the related in the prosecutors, the criminal exoneration of the"tainted witness"usually in the bribes and corruptions and the fresh attempts in recent years as the"non-versus with the limits", the"normal procedure with the small trail"and the"confession as the light punishment". And all of these would be benefit for the resolve the disputes of the litigation targets, the acknowledge and respects of the accused litigated status and the classification of the criminal procedures for the optional arrangement of the judicial resources, which are the similar with the system of plea bargain that the author call them as the"plea bargain factors". So we should commit that these factors are not only the products of the increasing numbers of criminal cases and the demand of higher effective judicature but also the necessary result for the advanced judicial ideas and the practical development in the current situation. At present, the China is carrying on the third judicial reform in order to enhance the litigation effectives as the forced demand. For instance, the Railway Court in Mudan river made a decision in 2002 was regard as the"first case of plea bargain"in China, which attracted the focus by the academia to discuss its necessity and the possibility and the detail system design that conclude as the following three points: positive, negative and the suspend. However, the author considers that plea bargain is the product of the American particular social environment and judicial practices with the demanding special culture and system conditions for its works based on the pragmatism and the slight ideas of the victims, which is opposite to the direction of the criminal reforms in China. Therefore, as the fact of the Chinese judicial practices, if we give the plea bargain the legal form as the system, it would be too early to accept it without the selection of its disadvantages. So we should focus over those"plea bargain factors"instead of the systematic discussion to reform and improve the current similar system such as the working mechanism above in order to rule and limit the development of"plea bargain factors". In a word, we should take advantages of these factors in the current fame of criminal procedures to optional arrange the judicial resources to enhance the active effects of the judicial effects to promote the stable development of criminal reforms in China.
Keywords/Search Tags:plea bargain, plea bargain factors, non-versus of related, simple procedure, suggestion power of sentencing
PDF Full Text Request
Related items