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Of the introduction of plea bargaining a feasibility study

Author: FuXiaoHua
Tutor: WeiYueNing
School: China University of Political Science
Course: Procedural Law
Keywords: Plea Bargaining Rational analysis Plea Bargaining
CLC: D925.2
Type: Master's thesis
Year: 2008
Downloads: 191
Quote: 1
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Abstract


Plea bargaining is a system of criminal proceedings arising out of the judicial practice in the United States , its emergence and development of historical reasons , as well as social background . The plea bargaining system plays an important role not only in the United States criminal justice , but also by the recognition of the other countries of the world , are widely used in many countries, the judicial practice . Start from the definition of Plea Bargaining' dissertation">Plea Bargaining , the development of this system as well as worldwide , and argument by scholars of Plea Bargaining , comprehensive rational analysis of a plea bargain reasonable , further demonstrated that in our country national conditions and the introduction of plea bargaining of the necessity and feasibility of the eventual establishment of a Chinese-style prosecution and the defense consultation system . The full text is divided into five parts , for a total of three thousand words . The first section describes the definition of plea bargaining , plea bargaining of the historical development and theoretical basis of the development of plea bargaining in the civil law countries , and from the perspective of comparative law ; the second part for the opposition and support for plea bargaining are two different attitudes Plea Bargaining controversy from the perspective of justice theory, game theory and contract theory of rational analysis ; the third part through the understanding of the attitude of our academic system of Plea Bargaining , combined with China's national conditions of the introduction of plea bargaining is necessary and feasibility ; the fourth part is further proposed to draw on the principles and contents of the plea bargain to build our defense and prosecution consultation system ; the actual analysis of the fifth part of this stage judicial obstacles to the establishment of the Plea Bargaining system in China , and proposed to overcome obstacles effective way.

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