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Study On The Construction Of Plea Bargaining System In China

Posted on:2020-01-17Degree:MasterType:Thesis
Country:ChinaCandidate:Z L WuFull Text:PDF
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With the continuous development of our economy and society,the number of criminal cases has been rising year by year,which is contrary to the requirement of the masses to pursue stable and harmonious social relations and contradicts the demand of economic society to pursue efficient justice.At present,in order to solve this contradiction,some procedural provisions,such as reconciliation procedure,summary procedure and so on,have been preliminarily set up in the criminal procedure of our country,which can improve the efficiency of criminal procedure.To some extent,the problem of Balancing Fairness and efficiency in some cases has been solved,but the design of these procedures has been set up.Some obstacles are treated differently according to the specific circumstances of the cases,so that these procedures can only be applied in a few cases,and still can not solve the problem of low overall efficiency of criminal proceedings.On the other hand,China's criminal justice has been pursuing to severely punish crimes,and there is no sound solution to the loss of public interests and damage to social relations caused by criminal acts.This is also an important part of China's high criminal rate,the increase of recidivists and the low credibility of the judiciary in recent years.Through the study of the system of plea bargaining outside the country,we find that the system of plea bargaining outside the country has more or less its own characteristics in the way,scope,conditions and program design,but the overall structure is basically the same.And plea bargaining system can play an important role in improving the efficiency of litigation in foreign countries,and plays a vital role in criminal proceedings with a large number of cases.In addition,some western countries also take plea bargaining system as an important way of restorative justice,promote the development of restorative justice system through plea bargaining system,and provide a more convenient mode of operation for restorative justice system,thus playing a role in reconstructing harmonious social relations.Therefore,plea bargaining system has played an effective role in restoring social relations,protecting human rights and improving the efficiency of criminal proceedings in foreign countries.At the same time,it can also,to a certain extent,strengthen the sentencing recommendations of prosecutors and enhance the inner conviction of judges,which is more conducive to the handling of cases.All these can be done by our country.The criminal procedure system is used for reference.The present stage is an important period for our country to deepen the judicial reform.In order to protect human rights and maintain the stability of social relations,and facing the present situation of fewer cases and serious defects in the current relevant legal system,this is the best time for our country to construct the plea bargaining system.This article will introduce the general situation of plea bargaining into the experience of foreign countries in the study of plea bargaining system,and analyze the theoretical and practical basis for the construction of plea bargaining system in China,from the perspective of low efficiency of criminal proceedings,serious damage to social relations,strong demand for human rights protection and defects of relevant systems in China.This paper expounds the necessity of constructing plea bargaining system in China,discusses the feasibility of constructing plea bargaining system in China from the perspective of the establishment and development of the relevant criminal procedure system and the deepening of the reform of the litigation system,and combines the actual situation of China's economic development to construct the transaction mode of plea bargaining system in China.The scope of application,application conditions and programming problems are analyzed and demonstrated in detail.In order to integrate the relevant contents of the criminal procedure system in our country and form a complete criminal procedure system,so as to effectively guide practice and realize the unity of efficiency and fairness in our criminal procedure.
Keywords/Search Tags:plea bargaining, judicial reform, efficiency, plea of guilt
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