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China’s Criminal Litigation Of Introducing Plea Bargaining System Research

Posted on:2013-10-16Degree:MasterType:Thesis
Country:ChinaCandidate:G ZhangFull Text:PDF
Abstract/Summary:PDF Full Text Request
At this point in time our country is facing a constantly increasing crime rate.Criminal matters are becoming more and more. At the present some judiciaryresources are limiting the current judiciary situation extremely and in this way thenumber of accumulated law cases is increasing more and more. The efficiency oflegal proceedings is on a comparatively low level all the time. One of the majorproblems in our country’s current criminal procedure system is that the proceedingsare too numerous and trivial. Therefore legal proceedings are not very efficient andvery often the basic position of the criminal suspect and the injured party cannot beprotected. That is why the apply of plea bargaining is not only useful in terms ofincreasing the efficiency of legal proceedings but also can help to protect the positionof the criminal suspect or the defendant during legal proceedings and can balancejustice and efficiency.In the major parts listed below this essay shall investigate a possible introductionof plea bargaining in our country’s criminal procedure system:In the foreword the basic idea of plea bargaining and its embodied value shall beintroduced. Plea bargaining is protecting a timely and effective carrying out ofcriminal procedures, can increase the efficiency of those procedures and helps toprotect the position of the criminal suspect or the defendant.The second part shall explain the actual applied use of plea bargaining in ourcountry’s judiciary practice by means of the first proposal and regular upright on pleabargaining and shall analyze which problems may occur throughout the fact that therestill are no clear-cut legal regulations instructing plea bargaining in our country.At the beginning of the third part the system of plea bargaining and in our country’s criminal procedures currently already existing systems shall be analyzedand compared and afterwards the feasibility of plea bargaining applied during legalprocedures in our country shall be expounded in three respects: First it shall beanalyzed what political foundations should be given from side of the criminal policyto apply plea bargaining on our country. Second, what foundations to implement pleabargaining are actually given our country’s current judiciary situation. And finally,what judiciary precedents are existing in and outside the country that could build afoundation for our country to apply plea bargaining.The fourth part contains this essay’s key point, and shall explain in what mattersthe implementation of a plea bargaining system could make up for some parts of theinsufficiency of the currently existing legal regulations. Moreover it shall analyzewhich procedures should be implemented to support the apply of plea bargaining andit shall be a preference for the criminal respects legislate officials when implementinga system for plea bargaining in the future. Those procedural matters shall mainlyinclude what basic doctrines, basic conditions and what law case limitations such asystem should apply. Furthermore they shall contain how to launch such proceduresand which content, duration, goals and final legal supervision those procedures shouldhave.
Keywords/Search Tags:plea bargaining, lawsuit efficiency, the lawsuit main body status
PDF Full Text Request
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