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The Fairness Of Negotiation

Posted on:2012-10-23Degree:MasterType:Thesis
Country:ChinaCandidate:Y GongFull Text:PDF
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Plea Bargaining System possesses high lawsuit efficiency and emphasizes on ensuring individual rights. It is one of the most influential reforms in modern criminal judicature. About one hundred years ago, in order to win an unsure lawsuit, procurators in the United States began to persuade the defendants to plead guilty in a way of bargaining. Plea Bargaining System develops rapidly in 1960s. In 1970, the United States Federal Courthouse authorized the legal status of Plea Bargaining System. Up until 1990s, nearly 90% of the United States criminal judicature applied Plea Bargaining System. Being an Official System oriented country in criminal judicature, Germany attempted to apply Plea Bargaining System in 1970s. After many years of reform and development, in 1991, the fundamental principles of Plea Bargaining System had been confirmed officially by the Supreme Court of Germany. Differs from the United States and Germany, the Plea Bargaining System in Italy applies the way of "transplanting", i.e., following the Plea Bargaining System of the United States without proceeding from its own national conditions.Plea Bargaining System not only increases the efficiency of litigation and reduces the risk but also fulfills the practical philosophy. More and more countries paid close attention to this system. Based on the comparative analysis of America, Germany and Italy's Plea Bargaining System, this thesis analyses its values and core. Aiming at the practice of lawsuit at home, the author employs the methods of dialectics, analysis and comparison to analyze the application feasibility of Plea Bargaining System in China.
Keywords/Search Tags:Plea bargaining system, Judicial burden, Adversary trial system
PDF Full Text Request
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