The Research Of Frank System Of Chinese Criminal Law

With the "criminal law amendment (eight)" making confess to rise to the legal level, frankly have gradually institutionalized and legalized from the first familiar to everyone of the criminal policy, which also marks the China’s criminal legal system more and more systematic. Frank system, from the generated at the beginning, there are many imperfections, whether in the substantial and procedural aspects, scholars have the carries on the discussion, so, frank system also need to perfect further on the basis of the law. On the improvement of the frank system in the academic circles, the most research is the legal transplantation of the western right of silence and the plea bargaining system. So on the basis of analyzing the basic theory, this article analyzes and discusses the value of the right of silence and Plea Bargaining from the angle of legal transplantation, and puts forward my own viewpoint.Besides the preface and the conclusion, this article includes four parts. The first part is the basic theory of frank system, including the historical evolution, theoretical basis, the establishment of elements, and the analysis of the system of voluntary surrender, as well as the confession of the number of crimes, and so on. The second part is the basic issues related to the transplantation of law, including the basic overview of the legal transplantation, the theory of the legal transplantation in the theoretical circle of controversy and comment. The third part for frank system and the right to silence, through this part of the right to silence and value analysis, combined with the legal tradition of our country and frank system value implication, to explore whether China has frank system based on the right to silence of legal transplantation, and give the view. The fourth part is about frank system and the system of plea bargaining, this part through the implication introduction of plea bargaining system and basic concepts of value, China’s national conditions and the combination of the system of its own characteristics to confess of in our country existing confession system based on the plea bargaining system for the feasibility of transplantation of law, and put forward the point of view.Frank system is an important penalty system in China’s criminal law system. Therefore, it is necessary to the research and perfection, in order to apply the law better in the judicial practice, and ensure the fairness and instice. improve improve judicial efficiency.