The Study On The Pretrial Diversion Procedures Of American Plead Guilty Cases

The processing procedure for plead guilty cases is a topic that is currently being closely discussed in the field of criminal procedure.As a part of the entire American criminal procedure,the pretrial diversion procedures of American plead guilty cases has always played an important role in protecting the rights of the accused and realizing judicial justice.Although the foundations of American' judicial system and the concept of the judiciary are quite different from those in China,the pursuit of the rights of the accused and the pursuit of procedural fairness are the same.This dissertation begins with the meaning of the pretrial diversion procedures of American plead guilty cases,systematically analyzing and sorting out its development history,basic contents,practical operation conditions and predicament,and on this basis,proposes a macroscopic approach to the similar procedures in China and micro institutional recommendations.Except for the introduction and conclusion part,this dissertation contains a total of four parts.The first part is an overview of the pretrial diversion procedures of American plead guilty cases.This part is mainly divided into four sections: The first section explains the basic meanings of the pretrial diversion procedures of American plead guilty cases,including traditional narrowly defined pretrial diversion procedure and the broad-based pretrial diversion procedures of this article.The second section analyzes three theoretical foundations of the pretrial diversion procedures of American plead guilty cases.The third section discriminates the relationship between the pretrial diversion procedure and the community correction system,the plea bargaining system and the plead guilty cases.The fourth section chronologically clear up the development history of the pretrial diversion procedures of American plead guilty cases.The second part is the basic content of the pretrial diversion procedures of American plead guilty cases.This part is mainly composed of three types of programs.Firstly,it introduces the mediation process,which covers the concepts of mediation procedures,basic theories,participants,and procedural characteristics.Secondly,it describes the deferred prosecution procedure,which involves the meaning of the deferred prosecution procedure,the judicial ideas of this procedure,the subjects,the scope of the applicable cases,the contents of the agreement,and the consequences of this procedure.Thirdly,it analyzes the non-prosecution procedure and interprets the meaning,nature,subject,and the scope of applicable cases of non-prosecution procedure.The third part is the practical operation of the pretrial diversion procedures of American plead guilty cases.This part involves two aspects.In the first aspect,an overview of the operation of three types of the pretrial diversion procedures of American plead guilty cases.In the second aspect,the practical dilemma encountered in the pretrial diversion procedures of American plead guilty cases,such as the arbitrariness of prosecutors in prosecution or not,insufficient emphasis on criminal mediation,and the limited role of grand juries in restricting prosecutors from not prosecuting.The fourth part is the enlightenment for our country.It mainly includes the enlightenment of macro reform ideas and concrete suggestions for improving related procedures in China.In the part of the reforms,it summarizes that we should insist on increasing efficiency of lawsuits,reasonably allocating legal resources,optimizing structure of Chinese pretrial diversion procedures,and rehabilitating of the social functions of the individuals being accused.The parts of the specific proposals for improving Chinese relevant procedures include:(1)increasing the distribution approaches,such as considering the expansion of criminal settlement procedures in public prosecution cases at the investigation stage,making full use of the powers of prosecution for the procuratorate,and paying attention to the application of diversion programs;(2)expanding the scope of diversion,such as expanding the scope of application of criminal reconciliation cases,and expanding the applicable subject of the conditional non-prosecution system;(3)strengthening the effect of diversion,for example,considering to combine the discretionary non-prosecution and conditional non-prosecution,enhancing the legal consequences of criminal reconciliation procedures;(4)paying attention to lawyer participation.