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Study On The Chinization Of Plea Bargaining System

Posted on:2015-01-29Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiuFull Text:PDF
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Plea bargaining is the judicial transaction between the prosecution and thedefense on whether to reach a guilty litigation. Plea bargaining is originated in theUnited States in the19th century. After nearly two centuries of development anddissemination, plea bargaining plays a huge role in the law in improving judicialefficiency and shortening the period of litigation in many countries. Plea BargainingSystem has become a widely applicable judicial practice. It can reflect thecharacteristics of legal justice, efficiency and democracy and ease the currentsituation of the lack of judicial resources.China’s current judicial situation, which has shown an inefficient litigation, toolong cycle and the backlog of cases, is serious. Many scholars have conductedextensive exploration to break this impasse. This paper argues that China has thenecessity of introducing plea bargaining, and it displays in improving the efficiencylawsuit, reducing disturbing backlog and protecting the interests of the victim. Pleabargaining can also reduce the torture and extended detention, protect the interests ofthe defendants, encourage the defendants to plead guilty and make up for the lack ofthe summary judicial process. During the socio-economic and cultural developmentin recent years and drawing on experience of the party system of legal systems inEurope and America, China has gradually have the thought, culture and institutionalbasis of introducing plea bargaining system. The base determines the feasibility of theintroduction of plea bargaining in China and the introduction of plea bargaining canplay an important positive role in China’s judicial proceedings.Chinese plea bargaining shall absorb the traditional system of plea bargainingadvantage, and then improve it according to its own national conditions. Chinese pleabargaining should indeed follow certain trade principles to protect the rights of thevictim and the defendant’s, make the transaction process open and transparent, andavoid corruption. Chinese plea bargaining should be based on the fundamental ofChinese culture and combined with the current judicial basis for the development. Italso need to expand the trading subject, strictly bind the trading content and trading range, and regulate the trade program. In addition, there is missing in the litigationsystem for the introduction of plea bargaining in China. Before the introduction ofplea bargaining, we should establish pre-trial prosecution and defense evidencedisplay system, improve the system of counsel, establish the defendant’s right tosilence system, expand prosecutors’ discretion and improve the sentencingrecommendation of the Prosecutor rights.The thesis summarizes the plea bargaining system, analyzes the necessity andfeasibility of introducing the system of our country, and discusses how the system inour country specific construction. The focus of this paper is that, starting from thereality of China, system design and value of foreign plea bargaining, discusses theconstruction of Chinese plea bargaining system.
Keywords/Search Tags:Plea Bargaining, Lawsuit Efficiency, Chinization
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