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Plea Bargaining Transplantation

Posted on:2005-07-27Degree:MasterType:Thesis
Country:ChinaCandidate:Y YuFull Text:PDF
Abstract/Summary:PDF Full Text Request
In modern criminal suit, efficiency and justness are two basic value goals that people pursue with. But the two issues have certain contradiction and conflict. How to coordinate the relationship between fairness and efficiency is a world problem. Fairness is a permanent long theme of criminal suit; various countries design the corresponding scientific procedure in order to realize the goal of this value. But in modernization drive, the contradiction becomes sharper and sharper between soaring criminal cases and limited judicial resource, which has been a problem that needs solving urgently in modern criminal suit. In the face of this common conundrum, countries all over the world mostly adopt the way to distinguish the complicated cases and the simple ones, to simplify some procedures of case properly, dealing with as many criminal cases as possible with limited judicial resources. Through this way guarantee the realization of the two value goals of efficiency and fairness meanwhile. Plea bargaining between the pubic procurator and the accused came into being accordingly under this background in American.Plea bargaining means that the criminal case is before holding a court consulting as the counsels of interests of the accusing party's defendants of public procurator, cancel and accuse with accusing party of, downgrade accusation or require judge sentence gentle penalty as the terms to gain the pleading guilty and replies of the defendant, thus gaining the ends for achieving and improving lawsuit efficiency, economizing the judicial cost, ensuring defendant's rights and interests. Plea bargaining system sprouted in the 19th century, approved and won legitimacy in the seventies of 20th century by Federal Supreme Judicial Court U.S.A. It has already become a practice that popularizes far and wide nowadays; occupy the main position in the criminal judicial system. Plea bargaining is a system different from the ordinary judicial procedure presented in order to improve lawsuit efficiency and economize judicial input because of U.S.A.'s high crime rate, the reality that the criminal long-pending case aggravates and judicial procedure are tedious and consume theenormous drawback. Plea bargaining system has not been stopped being disputed from day of its birth. But because it had no appeal that could be recognized, it obtained flourishing vitality promptly as soon as it came out. And it is practiced in many other countries and regions in the world far and wide.Any legal system all has societies and cultural environment pregnant with its growth. It is exactly different environment of societies and culture has molded an inherent operation mechanism with unique system, and through preserving the operation supporting this system actively of external environment condition. Equal rights values, pragmatism philosophy view, agreement culture of U.S.A., party doctrine confronting with each other lawsuit, what jury try can't value orientation and lawsuit idea not anticipated, which form the inherent mechanism of Plea bargaining system.Plea bargaining has reflected that the reality from entity's justice, procedure justice to form justice of purpose of the lawsuit is changed. Its vitality comes from in just to lay high degree hold very to efficiency while being preferential. And Plea bargaining here has positive meaning in the idea reflected of the swap, namely the face-off between the government and individual is not implacable. It can be solved through the negotiation mechanism containing the equal value idea; this is the just representation of democratization development of criminal suit.The sharp contradiction exists too at present in China of soaring day by day of the quantity of case and the insufficient seriously of judicial resources. And after our country joining WTO, the efficiency question of the lawsuit will be outstanding increasingly. In order to solve this problem effectively, I think we can draw lessons from the western advanced judicial system rationally. While legal system is modernized, the west has a...
Keywords/Search Tags:Plea bargaining, Justness. Efficiency, Judicial resources, Agreement, Transplanting
PDF Full Text Request
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