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The Exposition Of Construction On The Plea Bargaining System In China

Posted on:2015-10-30Degree:MasterType:Thesis
Country:ChinaCandidate:L YuFull Text:PDF
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Plea Bargaining is originated in the United States and in criminal proceedings occupy animportant position in a system, its core is a compromise between the prosecutor and the defendantand mutual benefit, to flourish in the United States was the world wide migration to other countriesand regions the primary reason is to improve the efficiency of the proceedings. China’s currentlaws and regulations, criminal policy, judicial practice also contains the essence of the plea bargain.Advanced ideas influence the reform of the existing system and the system of trial practice inCriminal Procedure laid the foundation for the introduction of plea bargaining. This paper aims toanalyze the pros and cons of plea bargaining system itself, detached analysis of its rational core,combined with China’s current situation, detailed argument transplantation Plea Bargaining in thenecessity and feasibility of building an effective interface with the existing law to the Chinese Pleato provide some ideas.This paper is divided into four parts:Chapter I, plea bargaining overview. First, the basic content of plea bargaining and thehistorical development of a brief introduction, description of the concept of plea bargaining andtype of plea bargaining in the United States, Britain, Germany and other countries overview of thedevelopment.Chapter II, our country there is a similar plea bargaining system and practice. From thesubstantive and procedural aspects expounded China’s judicial practice of plea bargainingembodied the essence of law or judicial interpretation of the provisions, and introduced China ’sfirst case of plea bargaining with the situation.Chapter III of the Criminal Plea Bargaining is necessary to introduce and feasibility analysis.From the debate about the pros and cons of plea bargaining system introduced judicial practice andacademic point of view and make comments, focusing on the introduction of plea bargainingsystem of the necessity and feasibility.Chapter IV, the specific construction of plea bargaining. In the above analysis on the basis ofargumentation put forward in our criminal procedure should be introduced plea bargaining, to build Chinese-style plea bargaining system and named it " Plea Bargaining " and based on China ’snational conditions, focusing on the establishment of Plea Bargaining System basic principles andspecific design of the system and other aspects of the initial ideas.
Keywords/Search Tags:Plea bargaining, Efficiency, Consultation
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