On The Guilty Plea System And Its Reference

It is very important in the criminal procedure that the defendant pleads guilty.As a kind of juristic act, it could lead to the emergence and changes of certainprocedures in the litigation. Most of the countries in the world have been set up thespecial mode of trial concerning the defendant's pleading guilty, and the mosttypical one is the guilty plea in the Common law countries. In those countries, thedefendant has the option of pleading guilty. When the defendant pleads guiltybefore the judge and the court accepts it, it means that the court may make a guiltydecision directly and the next step is to sentence. The guilty plea brings theomission of the Wail, it consequently saves the judicial resources and increases theefficiency greatly.In China, there is two litigation procedures conceming the defendant'spleading guilty, including summary procedure and simplified ordinary procedure.In those cases in which the facts are clear and the evidence is sufficient, the wailprocedures can be simplified after the defendant's pleas of guilty. However, there isessential difference between the special mode of trial procedures in China and theguilty plea in the common law countries. The guilty plea aims to implement themaximum of benefit, on the ground of the threshold justice standard and theprotection of the essential litigation fight of the accused. In this thesis, the authormakes a comparison between these two systems, and brings forward someimproving advice on the perfection of special mode of trial concerning thedefendant's pleading guilty in China.This thesis is made up of four parts:In the first part, the thesis analyzes the fundamental content of the system ofguilty plea, which includes the character and the types of the guilty plea, thevoluntary, intelligent, knowingly of the plea of guilty, consequence of the plea ofguilty, and the relief of the guilty plea.The second part analyzes the theoretical foundation and the value of thesystem of the guilty plea. The guilty plea is a special system in the common lawcountries. It is based on the adversary system, the idea of dissension-solving and the theory of punishment individualization. From the angle of practical value, thesystem of the guilty plea provides the accused with the complete fight of optionand ensures the threshold justice standard. At last, the system divides the cases intodifferent sorts to realize the rational deposition ofjudicial resources.In the third part, the author, firstly, makes a comparison between the specialmode of trial and the system of guilty plea and makes a conclusion that it isnecessary for us to absorb the merit of the guilty plea. Secondly, the authoranalyzes the possibilities of absorption.In the last part, the author puts forward some improving advice on how toreconstruct the special mode of trial concerning the defendant's pleading guilty inChina, including the scope of the procedure, the pre-trail, the process of Wail, thediscount of sentence and the relief matters. Furthermore, to ensure the function ofthe system, the relevant measures should be taken into consideration.