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Guilty Plea Cases Judicial Proceedings Study

Posted on:2009-11-01Degree:MasterType:Thesis
Country:ChinaCandidate:X JinFull Text:PDF
GTID:2206360272489332Subject:Law
Abstract/Summary:PDF Full Text Request
Guilty plea means the defendants admit the basic criminal facts or main criminal facts charged.Guilty plea of the defendants is of great significance to which kind of process should be used to deal with the cases. The processing of cases with guilty plea are the different processes that the judicial organs take to deal with the cases of guilty plea. It has been the common practice for every country to dispose cases with guilty plea using informal trial procedure, which is an important measure to improve efficiency. Simultaneously, how to guarantee the justice of the processing of cases with guilty plea is also the issue to which every country should attach importance. Setting reasonable and scientific process is critical to ensure procedural justice and procedural efficiency.First, this article introduces the fundamental law problems about guilty plea, and then, draws from the core problem that the processing of cases with guilty plea.By comparing the processing of cases with guilty plea between the commom law system and the civil law system by way of historical analysis, comparative analysis and positive analysis, we may get some successful experience used for reference.By reviewing and surveying the processing of cases with guilty plea of the defendants in China, the author has analyzed its virtues and its problems. Many scholars have made a lot of research on the processing of cases with guilty plea and got fruitful result, but it is still necessary to enlarge and widen the research on the theory and judicial practice of the processing of cases with guilty plea. In order to grasper the theoretical basis of the processing of cases with guilty plea, and find out the ways to solve the above-mentioned problems, the author holds the view that it is necessary to make a thorough research on the processing of cases with guilty plea of the defendants.This thesis includes four chapters totally.Chapter One is the summary of the processing of cases with guilty plea.In this chapter, the author brief summaries some basic law problem of guilty plea, such as the concept and character, manifestation and effect, the complexity pleading guilty affirming that and due bring back a report pleading guilty, and so on. and then, draws from the core problem that the processing of cases with guilty plea.Chapter Two is about the study of processing of cases with guilty plea abroad.By analysing the significance of the study of processing of cases with guilty plea, comparing the processing of cases with guilty plea between the commom law system and the civil law system, the author hope to establish a theoretical and practice basis for ours studies.Chapter Three is about the study of processing of cases with guilty plea in China.This chapter analyses the pratice of the processing of cases with guilty plea in China, and states the condition , defect and problem of our country.Chapter Four is suggestion that perfecting processing of cases with guilty plea in China.this chapter synthesizes all above theoretical analysis and actual judicial practice, and has suggested that perfect our country processing of cases with guilty plea.
Keywords/Search Tags:Guilty Plea, Cases with Guilty Plea, Judicial Procedure
PDF Full Text Request
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