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Establish A Chinese-style Plea Bargaining System

Posted on:2004-12-01Degree:MasterType:Thesis
Country:ChinaCandidate:W DuFull Text:PDF
GTID:2206360122460514Subject:Law
Abstract/Summary:PDF Full Text Request
The true meaning of laws is to guide free and wise people to seek and enjoy their legal rights, instead of to impose restrictions and regulations on them.Effective crime control and full protection of human rights are what criminal justice administrations pursue, and in modern criminal suits, justice and efficiency have become the essential and indispensable goals of values. Being the eternal theme of criminal procedures, justice is being realized and reinforced by different countries through making suitable and scientific processes. However, the contradiction between the continuous rising of criminal cases and the relative inadequacy of judicial resources is becoming undoubtedly one of the urgent problems to be solved in today's penal actions. It is safe to say that how to effectively coordinate the conflicts between justice and efficiency is a pending issue for the law enforcement sectors world widely. Facing this question, many countries adopt the streaming approach - to divide the cases into different groups according to their complexity, to simplify the processes of certain complicated cases, and with limited judicial resources, to close as many criminal cases as possible, and ultimately, to ensure that both justice and efficiency - the two goals of values - to be realized and achieved at the same time.Plea bargain, originated from USA, is a judicial practice with certain universality and practicability in criminal suits. To a large extent, the plea bargaining system has satisfied the urgent demands to improve the efficiency of criminal procedures, as well as to lighten the burdens on the prosecutors and judges. Therefore, it has been adopted by many countries, and even has been embodied in the judicial practices in China, even though it is not systematized. It is generally known that the legal environment in China processes its own characteristics due to the cultural and traditional differences between the Chinese and western legal systems, and the construction of the criminal justice administration system was started only dozens of years ago, therefore, compared to the complete judicial systems in some western countries, the Chinese system has some improper and imperfect parts in its structure, and some regulations seem too abstract and principled. These drawbacks not onlyhave caused difficulty to implement and to apply plea bargaining system in the legal practices in China, but also do not meet the requirements that are set by the goal to establish a modern socialist country with adequate and complete legal systems, as well as by the demand to accelerate reforms in the legal sectors. Therefore, it is vitally essential and important for China to set up and to perfect a plea bargaining system that has its own characteristics, and adapts to the country's cultural and legal traditions.The objective of this dissertation, whose title is "Establishing a plea bargaining system in China with Chinese characteristics", is to study and investigate the theoretical and practical background of plea bargaining systems, to define and clarify the goals of values, and with the judicial practices in China as base and foreign experience in plea bargaining systems as references, to support and contribute theoretically the proposal for establishing a plea bargaining system in China.The dissertation consists of four chapters and is organized in the following order.Chapter 1 is the introduction and legal analysis of the plea bargaining system. Based on the legal definition and analysis, this part summarizes the characteristics of plea bargains, introduces the main participants in a plea bargaining negotiations, and explains their respective legal roles and functions. Regarding the issue of whether judges or victims should be the subject body in plea bargains, this chapter suggests that the legal functions of all parties in plea bargains should be clarified if the plea bargain system is built in China. In addition, some facts about the plea bargaining system in America are introduced here, such as its histori...
Keywords/Search Tags:Plea bargaining, Legal analysis, Value Orientation, Design procedure, Procurator's function
PDF Full Text Request
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