Font Size: a A A

The Research Of Chinese Plea Bargaining System In Criminal Investigation Procedure

Posted on:2020-10-10Degree:MasterType:Thesis
Country:ChinaCandidate:D N GongFull Text:PDF
Abstract/Summary:PDF Full Text Request
In the later 2016,the pilot reform of Chinese plea bargaining system was approved by the Standing Committee of the National People's Congress since the booming criminal cases.Within two-years experimental work,a lot of scholars and law enforcement departments of the pilot regions conducted multi-angle analysis and researches.This paper is focusing on the impacts and changes of criminal investigation procedure under the pilot system.Summarizing the effects of the other foreign countries which own the similar systems.Pursuing the creation and development of criminal investigation procedure in this particular judicial reform.This paper is based on five parts to discuss the reform of criminal investigation procedure under Chinese plea bargaining system.The first part outlines the background of the pilot period and development of the new Criminal Procedure Law,indicating the importance of optimizing criminal investigation procedure under the Chinese plea bargaining system.The second part focuses on the feasibility of whether it is appropriate to carry criminal investigation procedure under this system.Through the trial stage and the new law,analyzing the perspective of legality and value,highlighting the necessity of criminal investigation procedure.The third part is based on the questions found from the ongoing system.The reasons are restrictions of the case types for current procedure of this system.Lacking of spirt to explore the fresh new method to simplify procedure and the like.All of them make the procedure far more complicated and losing enthusiasm with it.The fourth part studies the similar criminal justice system with the pattern of plea bargaining from other countries.Comparing the evidence standards,execution subjects with China,try to find out the differences in criminal investigation procedures and make the supportive suggestions.In this paper,the fifth part is from strengthening the lawyer defense system,simplify the proof system,implementation of procuratorate early intervention and etc.Make sure suspects' voluntary,improve the positivity of police investigation,perfect measurement of penalty by exploring new features of criminal investigation procedure under this system.
Keywords/Search Tags:Chinese plea bargaining, criminal investigation procedure, judicial reform, new criminal procedure law
PDF Full Text Request
Related items