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Criminal Consultative System Of China’s Taiwan Area

Posted on:2013-04-01Degree:MasterType:Thesis
Country:ChinaCandidate:P YanFull Text:PDF
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In recent years, rapid social development, endless variety of social problems,contradictions and conflicts around the new type of crime began to increase,resulting in the criminal trial of the world face enormous pressure, judicial workerswho daily have to handle a large number of criminal cases, the workload of judgesand prosecutors have not diminished but increased, relying on the ordinaryprocedure and summary procedure, will not solve these problems. Therefore, sincethe early1980s, Western crime academia will negotiate a settlement system tointroduce the field of criminal justice, the theory of restorative justice in the world,the United States as early as the beginning of the last century has been in thecriminal case, the application of The system of this consultation, that the pleabargaining system in the United States and other civil law countries, and as areference, consultations judicial system, and be clear and specific legislative norms.Taiwan, China on March23,2004by the Legislative Yuan through the draftamendment of the Criminal Procedure Law, the addition of the Part VII is one ofconsultation procedures, and announced on April7, the same year. The consultativeprocess in formulating the beginning, on its legitimacy and the pros and cons in theTaiwan region has always been highly controversial issue, opponents argue that theplea bargaining law, the trial results will be doubtful on the adoption of such asystem concerns; scholars in Taiwan in favor of the system is that even if theinvestigation of all the evidence and witnesses, the final outcome of the trial may notbe correct, plea bargaining can not only save a lot of time and expensive judicialresources, in line with the economic requirements of litigation, and more can makethe most appropriate penalty for each defendant, to achieve the purpose of thepenalty, and conforms to the actual needs of the current justice.455to455of the Code of Criminal Procedure of the Taiwan region11, theupdating of the legal provisions of the consultative process, although only a few provisions of10, but how the consultative process should be open, the program, thecourt ultimately how to referee, etc., have made an explicit specification. Forconsultations on the scope of application, made the legislation defines, in addition tothe death penalty, life imprisonment, the crime at least more than three years inprison or under the jurisdiction of courts of first instance by the High Court cases,the cases from the prosecutor to prosecute the beginning, to before the end of thefirst instance verbal debate, negotiation, so clear the applicable scope of the case ofcriminal consultation system of the Taiwan Area and the applicable phase. The startof this consultative process, completely according to the circumstances of the caseby the prosecutor to decide, according to the defendant or his agent, the applicationof counsel, and start conditions also include the consent of the court, and the viewsof victims to seek. The starting conditions of the above are met, the prosecutorbefore the trial outside the consultative process, consultations desirable and thedefendant pleaded guilty, the Prosecutor may request the court to change inaccordance with the consultative process for the judgment reached with thedefendant. Specific consultation issues include the following, the defendantexpressed willingness to accept the penalty of which or willing to accept thedeclaration of probation. Second, the defendant apologized to victims. Third, thedefendant to pay a substantial amount of compensation to victims. The defendant tothe public library or a specified public interest groups, local governments pay acertain amount.Although the system to some extent conform to the trend of development ofcriminal justice in the world, but the main body of the criminal legislative provisionsof the consultative process in Taiwan to apply for consultation, the eligibility criteriaapplicable to the types of cases, consultation matters set many restrictions, whichcaused a considerable degree of limitations applicable for the consultative process inthe judicial practice, resulting in Taiwan’s judicial practice, the consultationprocedures applicable to the low level of, therefore, improve the future of thecriminal consultation system for the Taiwan region, should be from willingness toenhance the application of the consultation system, to provide an open andtransparent consultation, comprehensive mandatory defense system, the relief system to improve the consultative process a few to begin.Our new consideration by amendment to the Code of Criminal Procedure, theaddition of China’s criminal reconciliation process, but the corresponding provisionis not very specific, there are many gaps in the legislation, so this article by criminalTaiwan, China consultation system, perfect for our country’s criminal reconciliationprocedures to bring some new revelation.
Keywords/Search Tags:Taiwan, Plea Bargaining, Plea Bargaining System in United States, Criminal Reconciliation
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