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Discussing The Plea Bargaining System And Its Establishment In China

Posted on:2014-09-09Degree:MasterType:Thesis
Country:ChinaCandidate:L LiFull Text:PDF
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The System of Plea bargaining was applied to the judicial practice as early as the1980s in the United States; it is absorbed by many countries and has become a superiorjudicial system with themselves characteristics during its development. We know thatthe system of plea bargaining originated in united states, which belongs to the countriesof Anglo-American law system. However, the countries which use the system have beenextended to the civil law system. Especially in Italy, as one of the traditional civil lawcountries, when it faced those very difficult social problems, such as the high rate ofcrime, poor judicial resources have to deal with a lot of crime situations. The applicationof the system played a positive role to its domestic law, through creating a program bythe legal confirmation when it didn’t change the ideas and principles of legislationconditions. The program made mainly the American plea bargaining to reference to itsjudicial system. The different is that this country created the program to limit thespecific conditions and scope by using this system. it is good for avoiding the badeffects and problems and expressing respect for the national legal principles andconcepts.The system of Plea bargaining originated in the United States, it is that theProsecutors considered and measured the information on the case according to their owndiscretion through grasping on their hands. Then they decided to negotiation with thedefendant and promised to give the defendant some benefits about reducing the sentenceor giving up accusation. On the premise of that defendant must plead guilty voluntarilyand not make the respondent about plea of not guilty in court. This system is mainly forthe cases which are complexity and difficult to collect hard evidence to prove the guiltof the victim. Also for the situation because a variety of problems caused a large numberof cases have been delayed and accumulated. The most direct effect of its application isthat it saves a lot of judicial resources and economic costs. Only talking about resolvedcases, it is a timely help for the judicial authority, the victim and the defendant.There are still a majority of scholars to making discussion and analysis about itsnature and role in connection with this system from its appearance till now. Somescholars insist on this system is very timely to appear in the society which hashighlighted contradictions and high rate of crime in today’s rapid economic development.but some scholars think that the system just focus on solving the case assoon as possible, it do not consider this way whether it reflects justice, fairness. Theyadvocate that criminal cases must be carried out in accordance with the law’s provides;only when the Public Prosecution restore the crime specific facts of the case, they canaccuse the defendant guilty. It is forbidden to ignore the necessary of the program by theagreement. There are still some scholars believe that a system is always doubleinfluences. If it does not violate our country’s legislative basis and ideas, we can try todo appropriate reference and some reform, soon later; the practices would show that ithas terms to become an outstanding system with Chinese characteristics.This paper analyzed all aspects of the system of plea bargaining in detail. Also itcited several countries’ reference situation from the plea bargaining and its presentdevelopment. At last, we should base on a large of analyses and summaries to explorewhich place is worth to inference and feasibility of implementation. On this basis, wecan design the preliminary system, in order to build a system of plea bargaining withChinese characteristics by legislation.
Keywords/Search Tags:Plea bargaining, Criminal prosecution, Guilty plea, Value
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