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Theory Of Plea Bargaining System

Posted on:2012-01-02Degree:MasterType:Thesis
Country:ChinaCandidate:H D SongFull Text:PDF
Abstract/Summary:PDF Full Text Request
Plea bargaining, which originated from the United States, is developed into a criminal procedure system in the 20th century. It is characterized as fast, flexible and efficient, greatly improving the efficiency of the proceedings at that time and easing the tension between the rapid growth of the U.S. criminal cases and the severe shortage of judicial resources. Later, this system was spread to other common law countries and even some civil law countries and regions which established their own plea system in accordance with their national conditions on the basis of the reform of it.With the rapid economic development since the reform and opening to the world, Chinese people's concept has experienced dramatic change, and social contradictions are becoming relatively sharp. Accordingly, there is a gradual increase in significant, complex and difficult cases such as intelligent and collectivization crimes. This, plus a serious shortage of judicial resources, has imposed greater pressure on the judicial Authorities, which leads to a great reduction of effectiveness of the proceedings. Moreover, the public justice has also been seriously questioned. However, the plea bargaining system with the quality of efficiency, freedom and equality is conducive to improving judicial efficiency and ensuring the procedural rights of the parties, and thus can precisely solve China's current dilemma the administration of justice are faced with. Meanwhile, we have the theoretical and practical foundation to introduce the system in China.This article, based on the theory of plea bargaining, will illustrate and analyse the necessity, feasibility and formation of specific rules in constructing our country's plea agreement procedure by employing the method of concept analysis, historical analysis, value analysis, comparative analysis, and empirical analysis. It will be conducted from the perspective of jurisprudence, criminal policy, criminology, criminal procedure in the context of drawing on useful experience of researches in this aspect home and abroad.The thesis has four parts: The first part focuses on introducing the "plea bargaining"concept, its historical development, classification and value basis, aiming to foster a general understanding of the system.The second part will first make a study on the theoretical researches, legislation and judicial practice in major countries and regions like USA, Germany, Japan, China Taiwan which implement the plea bargaining system. After that, it will analyze the pros and cons of the system in order to provide reference for the establishment of plea agreement procedure in China.The third part starts with the current dilemma faced by the judicial authorities, and goes on to talk about the advantages of the plea bargaining system in improving judicial efficiency, ensuring the procedural rights of the parties and reducing the pressure on the judiciary, aiming to illustrate the necessity of forming a plea agreement procedure of Chinese characteristics. Furthermore, it will illustrate the feasibility of building the system from the pespective of historical and cultural traditions, judicial practice, and the existing legal and policy regime in China.The last part is concerned with the specific scheme for the establishment of a plea agreement procedure of Chinese characteristics. First, it will try to prove that plea agreement procedure is a more appropriate name in China by explaining the meaning of the name "plea bargaining", combined with China's national conditions. Then, the rest of the part will be unfolded in aspects of the participants, applicable conditions, scope of the case, content negotiation, supervision and relief mechanism, and ends up with putting forward the specific scheme for the establishment of a plea agreement procedure in our country.
Keywords/Search Tags:Plea Bargaining, Plea Agreement Procedure, Efficiency, Construction
PDF Full Text Request
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