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Construction Of The Plea Bargaining System With Chinese Characteristics

Posted on:2017-01-20Degree:MasterType:Thesis
Country:ChinaCandidate:Y P JingFull Text:PDF
GTID:2336330491957982Subject:Marxism in China
Abstract/Summary:PDF Full Text Request
In November 2014,the Fourth Plenum of the eighth session of the Communist Party of China by the Central Committee of the Communist Party of China on promoting the rule of law certain major issue decision "proposed comprehensively promote the rule of law,an important proposition in the construction of Chinese characteristic socialist legal system,expounds the target and path of building a society ruled by law.In the process of comprehensively promoting the rule of law,the perfection of the legal system of socialism with Chinese characteristics is an important task.In recent years,with the rapid development of social economy,the crime rate rising,current judicial resources have been insufficient to meet the current situation of social development,coordinate the interests of all parties and save litigation resources has become an important part of the construction of legal system,therefore,can effectively solve this kind of current situation of plea bargaining system has discussed the necessity of setting up.This article is in this context,combined with the current cultural background and judicial practice,from the perspective of the theory of rule of law with Chinese characteristics,and to explore the construction of Chinese characteristics of plea bargaining system.This article is in this context,combined with the current cultural background and judicial practice,from the perspective of the theory of rule of law with Chinese characteristics,and to explore the construction of Chinese characteristics of plea bargaining system.Plea bargaining system is also called the plea bargaining system,the system originated in the United States,because of its convenient and reflect the characteristics of equality,is now in the countries of the continental law system such as Germany,Spain and Portugal get widely used.In our country for a long time the influence of feudal autocratic culture,there is no legal basis for the equality of the prosecution and the defense of the public of the negotiation system of prosecution and defense in thought does not quickly accepted.But with further deepening the reform,people to the new things ability to accept also will gradually become stronger,the negotiation system of prosecution and defense will be gradually accepted by Chinese people.In the view of the theory of rule of law with Chinese characteristics study of plea bargaining system in China problem,namely Chinese characteristics plea bargaining system construction,issues related to the system construction are analyzed,from an objective point of view on system problems existing in the process of construction,and puts forward some suggestions toconstruct under the current conditions of plea bargaining system.This paper mainly includes three parts: The first part is the theoretical system with Chinese characteristics Introduction of Plea Bargaining.Including the prosecution and the defense consultation system in the development of extra-territorial,historical origin and cultural background of the development,while the characteristics of the rule of law and the theory of the capitalist concept of rule of law in China are described and compared.The second part focuses on Plea Bargaining System Development status and problems in China.First,from the judicial practice,the judicial process and the current situation needs to be analyzed three aspects of the status quo,followed by analysis of the development problems of the culture,ideas,and economic aspects.The third part introduces the current situation under the recommendation system construction.The first is the development of theoretical resources systems analysis,followed by the angle from changing concepts,explore solutions development process issues,and finally set forth specific system built from three aspects.
Keywords/Search Tags:Rule of law, legal theory, Plea Bargaining
PDF Full Text Request
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