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Analysis On Prosecutorial Discretionary Under The Plea Bargaining System Of China

Posted on:2020-06-15Degree:MasterType:Thesis
Country:ChinaCandidate:B X LiFull Text:PDF
GTID:2416330590978438Subject:Law
Abstract/Summary:PDF Full Text Request
The fourth plenary session of the 18 th central committee of the communist party of China has put on the reform agenda to improve the plea bargaining syestem of China in the criminal law.As a key area of reform,the system is highly valued.Meanwhile,The supreme people's procuratorate takes "promoting and improving the plea bargaining system of China" as the focal point of the prosecution reform.In the plea bargaining system of China prosecution organ was both the supervisor and the negotiator so that the procuratorial discretion will be further expanded.Discretion,however,is a double-edged sword.On the one hand,using proper discretion will be beneficial to improve the efficiency of the case to handle,to achieve the rational allocation of judicial resources,to promote the policy of tempering justice with mercy,crime prevention.On the other hand,when discretion is abused,the lawful rights and interests of the accused and victims will be infringed,the judicial justice will be damaged and judicial corruption will arise.Therefore,the application and perfection of the plea bargaining system of China will play a vital role in the judicial practice of our country.The first chapter of this thesis is a comprehensive overview of discretion,including the introduction of the power and ability of procuratorial discretion under the plea bargaining system of China,analysis of the conditions for the application of procuratorial discretion.Explain the principles to be followed in the exercise of procuratorial discretion.Expound the standard of evidence that should be applied in the exercise of procuratorial discretion in terms of conviction and sentencing.The second chapter mainly expounds the present situation of the exercise of procuratorial discretion in the plea bargaining system of China.Including the inefficiencies in the exercise of discretion,the refusal of prosecutors to exercise the right to appeal,the unclear standards for leniency,the unrefined recommendations for sentencing,and the absence of the protection of the parties' rights and interests.And analyze the causes of these problems.The third chapter analyzes the necessity and feasibility of perfecting the prosecutorial discretion under the plea bargaining system of China.Firstly,by discussing the value of discretionary power in order to emphasize the necessity of perfecting prosecutorial discretion.Secondly,by introducing the analysis oversea similar system,check out the reasonable part,which shows the feasibility of perfecting the prosecutorial discretion.The fourth chapter is a proposal to improve and regulate the problems existing in the exercise of the procuratorial discretion.It includes expanding the right of non-prosecution,introducing the concept of sentencing scale to realize the accurate guidance of sentencing Suggestions,simplify the approval process of the exercise of discretion,and improve the judicial efficiency.In addition,the power of procuratorial discretion is regulated through internal supervision means such as standardizing professional ethics of prosecutors,establishing the system of evidence discovery,and external supervision methods such as defender participation and court supervision.To prevent the abuse of discretion and new problems of judicial corruption.
Keywords/Search Tags:Admission of a confession and punishment, Prosecutorial discretion, Discretion, Regulation
PDF Full Text Request
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