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The Localization Of Plea Bargaining System Design

Posted on:2017-03-24Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiFull Text:PDF
GTID:2296330488975531Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Plea bargaining system originated in the 19th century in the United States, is by the prosecuting and defending parties in the defense to achieve a confession the prosecution to reduce charges or a system of the term. Plea bargaining system in saving judicial resources, plays an important role in improving the efficiency of lawsuit, has been in many countries as a judicial system and applying in practice. After the Criminal Procedure Law, on whether China had the requirement of implementation of plea bargaining, the author USES the comparative analysis, concept analysis, data analysis, the specific research on system of plea bargaining, combining the actual situation of China, for China’s system of plea negotiation ideas are put forward.This article is divided into four parts, the first part is theoretical discussion, from the background and process of system of plea bargaining, concept, characteristics, principles, classification, development and analysis of the value of the system of plea bargaining; The second part of this article USES logical order from outside to inside, first an overview of the Anglo-American law system countries basic situation of plea bargaining system, then an overview of the civil law countries the situation of the plea bargaining system, and domestic Outlines the plea bargaining system or similar system, or whether it should be taken for the analysis of our country can practice the plea bargaining system to lay the theoretical foundation; Thes is the third part is the key content of the paper is analyzing the feasibility and necessity of China’s plea bargaining system. Thesis in the fourth part is for the construction of plea bargaining system with Chinese characteristics, starting from the objective events of China, construct the system suitable for China and not contrary to the criminal policy system of plea bargaining in China.Since the founding of new China, the economic construction and improve the legal system construction, followed by of complicated social contradictions, the number of criminal cases is into a rising trend, because of the lag of the law, and criminal cases of multiple and the lack of judicial resources is inevitable contradictions in the development of the society. On the one hand, the number and complexity of the criminal case development, on the other hand, because of the lag of the law and judicial team, judicial resources can’t endless supplement to make up to cope with the increase of case. Thus has become a modern criminal justice and efficiency are two basic value of trial procedure design, how to reasonable use of the existing configuration, use of limited judicial resources to improve the efficiency of litigation, safeguard the rights of the victim and the criminal suspect’s human rights become the direction of discussion and attention.In 2002, the plea bargaining system has been applied for the first time in China’s judicial practice, the system solved in a short span of more than twenty minutes by hurting Wang Yujie mudanjiang railway transportation court case, the trial results with three slow, case the victim forty thousand yuan compensation. The case is referred to as "the first case of plea bargaining case" in China. In the later years, academia and practice on whether China should introduce plea bargaining system has launched a fierce discussion, there are three main theories, namely must be said, negative and go slow. In terms of the present China’s judicial practice, the judicial organs although has not made it clear that attitude, but go slow said more in line with the current judicial practice. Such as in 2006, the supreme people’s court and the supreme people’s procuratorate of the work report, the criminal policy of tempering justice with mercy as a concrete practice of the criminal policy; In 2011, in criminal law amendment (eight), provisions truthfully confesses criminal facts about money; More in 2013 of the criminal procedure law has established several new principle and system, namely, the defendant shall not be forced to incriminate himself, criminal reconciliation system, conditional not to Sue system, to regulate the summary procedure system, and so on. The implementation of plea bargaining system played a considerable role, see in now, for the system of plea bargaining in China, is not unreachable, or even already have quite feasible conditions.
Keywords/Search Tags:Plea bargaining, A comparative study, The feasibility analysis, Analysis of the necessity, Plea negotiation
PDF Full Text Request
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