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On The Inappropriateness Of Transplanting The Plea Bargaining System In China

Posted on:2013-12-05Degree:MasterType:Thesis
Country:ChinaCandidate:H ShengFull Text:PDF
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With the commencement of the Code of Criminal Procedure of the revision of the academic debate about whether our country should introduce the system of plea bargaining is the resurgence of the academic point of view is still very different perspectives, the party in favor of the party opposed. Many scholars through the study abroad system, advocated that China should adapt to the development trend of the times, to establish a system of plea bargaining. However, China has yet to build up the necessary systems to overcome the inherent defects of the system of plea bargaining Plea Bargaining in the existence of the social environment, not cultivating, China suspended the introduction of the system of plea bargaining.From the view of the building of Plea Bargaining system, its inherent defects are difficult to overcome. Overall, these inherent defects mainly in the following three aspects:First, contrary to the principle of the presumption of innocence. The Plea Bargaining commenced prerequisite is to assume that the suspect implementation of criminal acts and to achieve a degree of conviction and sentencing, but this logical premise is clearly contrary to the principle of the presumption of innocence, the criminal law, because without the people’s court trial before anyone prisoners can not be called, can not do guilt finds. The second is contrary to the principle of justice. Criminal justice should be above Punishment and Responsibility consistent with the principle of equality before the law, but within the framework of the system of plea bargaining, minimum justice will probably be broken in favor of it may be a trade power for money. Third, contrary to the principles of due process. Plea Bargaining and the reason is widely respected, an important reason lies in its simplicity. It is able to ensure that the case processing ease, so a lot of criminal procedure is simplified. Among simplified procedures, powers will be difficult to subject to effective oversight powers of the boundary will expand the damaging effects of power will subsequently be exposed.From the basic conditions for the existence of Plea Bargaining, pragmatic values, liberal views of contract and relatively mature legal culture of the social basis of the existence of the system of plea bargaining. At the same time, the adversarial system of litigation mode, broad prosecutorial discretion and the right to silence is the basis of the existence of a system of Plea Bargaining. However, from the stage of China’s national conditions, the two basic conditions of temporarily are not available.The short two terms from both inside and outside the system of plea bargaining, is not suitable for transplantation the system. Of course, with the awakening of the awareness of citizens’ rights in China, the contract concept of enhanced Criminal system reconstruction, the People’s Procuratorate, the discretion of the expansion and the powers of the supervisory system and complete system of plea bargaining may be able to be introduced to China’s Criminal Procedure Law being.
Keywords/Search Tags:Criminal procedure, accuse, justification, plea bargaining
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