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On The Value Theory And Practice Of Chinese Plea Bargaining

Posted on:2018-01-03Degree:MasterType:Thesis
Country:ChinaCandidate:T YangFull Text:PDF
GTID:2346330515495405Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Plea bargaining system,originated from America,has broken through the boundaries of common law system and civil law system and a number of countries have transplanted and followed it due to its good results obtained in practice.However,controversy and criticism against it never stopped.Our country has never dared to try out for more than 20 years since we began to get known the Western plea bargaining system.The resistance speech has never reduced until the keen determination of judicial reform in practice started in 2014.On February 14,2016,the Supreme People’s Procuratorate indicated that they would explore to establish the confession and sentencing bargaining system under the participation of defense lawyers,promoting the plea bargaining transplanting from the top.Beijing procuratorial system firstly proposed to adopt “confession bargaining” mechanism in criminal immediate judging procedure and Beijing Chaoyang District People’s Procuratorate will also research specifically on confession bargaining mechanism in duty crimes and minor criminal cases.All those reform signals significantly testify the necessity,feasibility and urgency to transplant the plea bargaining system to China,and the negative opinions from numerous scholars were found unconvincing.However,even under the circumstance of strong reform,a number of scholars still cannot accept the determined nature of “Chinese-type plea bargaining”.Nowadays,18 grass-roots courts in the whole country have carried out criminal immediate judging procedure in accordance with their own practices and have achieved remarkable results.The solidification of results have to be promoted to the whole nation in the form of legislation,which needs relevant legal theory foundation.Therefore,it is necessary to comb and analyze the reasons for the barrier and the “from cold to hot” trend of the development of plea bargaining in China in order to response to some theoretical challenges.This thesis intends to give a comprehensive introduction to the plea bargaining system from the perspective of its emergence,development and internal jurisprudence.It studies on the relationship among conflicting values from three most representative conflicting values inherent in plea bargaining system: justice and efficiency,power and right,order and freedom,explores on the causes of conflicting values based on the history and reality of our country,further returns to the urgent practical needs under the guidance of value balance,value negotiation and negotiation theory,and finally confirms the high significance of Chinese plea bargaining system—criminal immediate judging and lenient plea—to solve the current judicial problems in China.
Keywords/Search Tags:plea bargaining, lenient plea, criminal immediate judging procedure
PDF Full Text Request
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