Font Size: a A A

Study On Establishment Of Plea Bargaining System In China

Posted on:2015-08-30Degree:MasterType:Thesis
Country:ChinaCandidate:T JiaFull Text:PDF
Abstract/Summary:PDF Full Text Request
With the improvement of socio-economic, the number of criminal cases is also increasing, which makes the pressure on the judiciary increasing. Although China has accepted the summary procedure, the summary trial of general procedure, and other reformed judicial systems, it does not completely solve the problem. The plea bargaining system produced in the United States is able to improve the efficiency of the proceedings to a greater extent, and was therefore included in the national legislation in many areas. Plea Bargaining generally refers only to the prosecution and defense before the trial court hearing on the conviction and sentencing issues such consultations, the final lenient penalties proposed by the prosecution’s suggestions to the court, in order to exchange for a guilty plea of the accused. Although China has not yet accepted plea bargaining system, there’re also many ideas that can be absorbed from this system, thus easing pressure on the status of the judiciary, which is one of the core views discussed herein.This paper is divided into five chapters:the first chapter is about the concept of plea bargaining system and the theoretical basis of plea bargaining system, then introduces "the first case of plea bargaining" in Heilongjiang Province and elaborated afterwards some of the details of the event triggered by impacts. The second chapter specifically analyzes on the necessity of introducing plea bargaining system, including the efficiency of the proceedings of the requirements, the compensation for the lack of an existing program and from the interests of victims. The third chapter analyzes the feasibility of the localization of plea bargaining system, which is to provide the basis for the introduction of this system, including the construction of further development of the specific content requirements of a harmonious society, legislation revelation criminal reconciliation system and so on. But we should have foreseen that the introduction of the new system will face significant hurdles. Therefore, the fourth chapter analyzes the process of making the localization system may suffer from the disorder, such as plea bargaining system based on pragmatism and contract culture in our country has not yet been fully accepted, litigation and Plea Bargaining structure does not match and so on. Finally, this paper described the system of plea bargaining of china, in relation to the design of the system itself, such as the subject, scope, content, process and analyze the effectiveness. But since the out line of this system and our judicial system which may cause greater obstacles, it involves the reform of related systems, such as the issue before the prosecution discretion prosecutors mentioned in the chapter, and the addition of the rights of defense lawyers and so on.Plea Bargaining has played a huge role in countries such as the United States, but it also led to some adverse consequences. However, any system could be a double edged sword, it should be localized in the introduction of the system of plea bargaining system in the design of the system to its full advantage draw, while minimizing its adverse effects, in order to establish Chinese characteristics plea bargaining system...
Keywords/Search Tags:plea bargain, necessity, feasibility, barriers, institutional design
PDF Full Text Request
Related items