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On The Construction Of China's Plea Bargaining System

Posted on:2018-01-28Degree:MasterType:Thesis
Country:ChinaCandidate:Z WuFull Text:PDF
GTID:2356330518476532Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Confession consultation system originated from plea bargaining,which aims to improve the efficiency of litigation and solve the contradiction between "many cases and less persons".The construction of confession consultation system is to make up for the defects of the current system of criminal leniency in our country,to improve the efficiency of litigation,to realize the purpose of special prevention and punishment,to improve the "plead guilty plea" and promote the reform of "trial center".China's traditional consultative culture,party litigation model and judicial practice for the construction of the system provided the possibility.The establishment of our country's plea bargaining system should follow the principles of lawfulness,voluntariness,fairness and efficiency and court review,the system ruled out the special charges and the application of felony,limited to sentencing consultations,must reach the facts of the case clear,the evidence is indeed sufficient to prove the standard,the prosecution and defense sides,victims,judges have the right to participate in the process,but the victim and the judge has no procedural right,the system is applicable to the stage of reviewing the prosecution and prosecution proceedings before the court hearing,and the court examines the contents of the consultation through a public hearing.The defendant has a limited right of appeal,the victim has the right to object to the content of the consultation and the procuratorial organ has the right to withdraw the consultation in the confession consultation system.It is the guarantee for defendant of voluntary,wise and authenticity in consultation to establish the right of silence,the system of evidence disclosure and the improvement of legal aid system,it is the prerequisite for the existence and development of the system of confession consultation.
Keywords/Search Tags:confession consultation, plea bargaining, efficiency of litigation system construction
PDF Full Text Request
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