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Build System Of Plea Bargaining In China Of Feasibility Analysis And Ideas

Posted on:2013-08-14Degree:MasterType:Thesis
Country:ChinaCandidate:H W HuangFull Text:PDF
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Plea bargaining is one of the most mature criminal case processing procedures in the U.S.. In the case of Brown Di v. United States, the U.S. Supreme Court officially confirmed the legitimacy of plea bargain. Thereafter, in the respondent agreed procedures of the Federal Rules of Criminal Procedure amended in July1974, plea bargaining as a litigation system finally set down, that is when using all limited means to the prosecution in criminal proceedings still can not eliminat criminal suspects’ suspicion, and can not let the case become an iron case, then it have to commit to reduce or waive the penalty in exchange for the suspect’s confession. Soon afterward, plea bargaining got a rapid rise in the United States.In some other civil law and common law countries, the plea bargaining system, also reflected in their criminal justice processes Plea bargaining procedures can effectively conserve judicial resources, improve judicial efficiency, but have an impact on the system of justice, and trigger a big debate in theoretical circles. Currently China is in demand to improve judicial efficiency,. However, whether to transplant this system of Plea Bargaining has been debated in the academic community and practitioners.This article consists of five chapters, the first chapter explores the origin and the development of the plea bargain, through analyzing its pros and cons to give readers a comprehensive understanding of it. The second chapter compare and contrast the current judicial system, the guilty plea proceedings and the insufficient-evidence non-prosecution with plea bargain. The third chapter discuss the plea bargaining system ported to the possibility of our criminal justice system in combination with Chinese criminal cases and the high incidence, as well as improving judicial efficiency in the third chapter, to. The fouth chapter explores the facing obstcles when transplanting plea bargainingto our country may encounter obstacles from the three aspects of philosophy, cultural conception and litigation model system.Through the analysis above, I believe that according to our current situation, the introduction of plea bargaining should be postponed and take the consideration of gradual establishment of a specific system compatible with the plea bargaining system as priority. After all, some systems reform is significant for the current practice of criminal proceedings.
Keywords/Search Tags:Plea Bargaining, Judicial system, Transplant, Feasibility
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