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On the role of prosecutors in plea bargaining

Author: ZhuYong
Tutor: GuoZhiZuo
School: China University of Political Science
Course: Legal
Keywords: Plea Prosecutors Learn
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 132
Quote: 0
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Abstract


With the growth of the deepening of China's reform and opening up , social and economic transformation , criminal cases , and criminal justice to a great deal of pressure. How to ease the pressure on criminal justice , improving the efficiency of the criminal proceedings , became law theorists and practitioners need to solve the problem. Plea Bargaining is a savings of judicial resources and improve the efficiency of the system in action . Common law countries and civil law countries have applied , especially the most prevalent in the United States. Criminal Plea Bargaining with shorter time, improve efficiency and save judicial resources litigation advantages. Research on the plea bargaining system, the advantages of plea bargaining in favor of our reference guide Criminal activities. Prosecutors are important participants in plea bargaining , but also the initiator of plea bargaining , plea bargaining is an essential role . Research on the role of prosecutors in plea bargaining , prosecutors can learn from other countries in a plea bargain in a good place , to serve China's current judicial reform , improve judicial efficiency . Based on the United States , Australia, France , Germany and other countries, prosecutors and analysis on the plea bargain , prosecutors and put forward the idea of plea bargaining in China. This paper is divided into four parts: The first part briefly describes the history and development of plea bargaining , the status of plea bargaining , analyze the causes and the reasons for plea bargain plea bargain to be welcomed in the United States, France , Germany and other countries. Meanwhile prosecutors and plea bargaining are analyzed to explore the origin of prosecutors and plea bargaining , prosecutors discretion to explore the most commonly used in plea bargaining . Second part of the common law countries the United States and Australia prosecutor system , plea bargaining system to analyze . Analysis of U.S. prosecutors enjoy broad discretion in plea bargaining , the prosecutor plays an important role in the plea bargaining in the foundation. The United States is the world's first country to use plea bargaining system in practice , the iconic American plea bargaining system . Therefore, the second part of the main provisions of the law combined with the United States, Australia , and analyze the role of prosecutors in the United States and Australia in the plea bargaining rights, and the prosecutors in plea bargaining . The third part analyzes the civil law countries of France and Germany prosecutors and plea bargaining system. France and Germany are the most important representatives of civil law countries , a representative of their plea bargaining system in civil law countries. Therefore, the third part discusses the Franco-German prosecutors in plea bargaining rights , the role . The fourth part discusses in the past on the basis of three parts , combined with China 's practice of prosecutors involved in the idea of \

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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