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Research On Plea Bargaining System

Posted on:2020-01-07Degree:MasterType:Thesis
Country:ChinaCandidate:W J LiFull Text:PDF
GTID:2416330599962275Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Plea bargaining is whether in the criminal procedural control distinguishes between the two sides have reached a guilty litigation judicial deal,it originated in the 19 th century in the United States,this system in judicial practice in the United States has obtained the good effect,in both the civil law countries and common law countries have carried out more or less,the practice of many countries on the basis of reference according to its own national conditions to make the criminal justice system and its corresponding system of plea bargaining.Although the plea bargaining system has been imitated and even transplanted by many countries,the debate on plea bargaining has never stopped in the world.Although there are both advantages and disadvantages of plea bargaining,it brings more advantages to criminal proceedings.It is an effective means to shorten the period of litigation and improve the efficiency of litigation.The implementation of plea bargaining system plays an important role in maintaining relative justice,protecting the rights of parties and saving judicial resources.At present,China is in a period of social transformation,and the development of social economy has brought about the improvement of economic level and people's living standard as well as corresponding problems.The main manifestation of this problem in the judicial field is the rise of crime rate.With the increase of the crime rate,the limited judicial resources become relatively scarce,which will lead to the backlog of cases,thus causing social instability.Criminal judicial reform process in our country is steadily push forward,like the summary procedure,criminal rate cut,pleaded guilty to forfeit their from the implementation of the pilot,accordingly some criminal justice issues solved at this stage,but there are more questions need to be solved,in this,must find a timely and effective solution to deal with multiple case,the problem of resource scarcity.Has yet to introduce plea bargaining system in China,but in the context of the current status quo,plea bargaining to deal with many problems in criminal justice in China is a great help,it is for the guarantee of rights,the parties relative to the realization of the sense of justice,judicial efficiency has increased,saving judicial resources,judicial authority of the maintenance and set up is a good thing,at the same time also can meet the needs of the reform of the judicial system.Although there are many obstacles to the implementation of plea bargaining in China,it is not impossible to construct the plea bargaining system in China from the perspective of the criminal litigation system,practical needs and practical basis.This article obtains from the origin of the plea bargaining system,analyzed the reasons and the theory basis for the development of its existence,and its value conflicts existing in the certain analysis and integration,in some countries and regions for the theory and practice of plea bargaining,according to the actual situation of our country and the demand for our country to establish the plea bargaining system obstacle and theory support and practice,it is concluded that the necessity of establish plea bargaining system in China.
Keywords/Search Tags:plea bargaining, legal basis, value conflict, feasibility, necessity
PDF Full Text Request
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