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Plea Bargaining System

Author: LuHongTian
Tutor: HanHong
School: Heilongjiang University
Course: Legal
Keywords: prosecution and defense consultations discretion Plea Bargaining
CLC: D925.2
Type: Master's thesis
Year: 2008
Downloads: 42
Quote: 0
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Abstract


At present, China is in a period of social transformation, social contradictions arebeing shown by more and more crimes, with the fast growing of the crime rate, thebacklog of cases is growing too, the judicial authorities is now facing increasingpressure. At the same time, after "the Code of Criminal Procedure" has been amended,the function of The parties in litigation system in China’s model has been more andmore reflected, the confrontations between the prosecutors and the defenders in the trialare increasingly strong. And with the forthcoming implementation of signing of theconvention on the protection of human rights, more and more requests of rightsprotection will be asked by the defenders and the prosecution’s demand are higher andhigher at the same time, making the difficulty of controlling crime by judicialauthorities is increasing. Therefore, after fully considering of the Chinese culturalbackground and judicial-like situation ,to description from positive to learn from theplea-bargaining system of the United States, to produce China’s prosecution anddefenses consultation system as the starting point, to expound the necessity to produceour prosecution and defenses consultation system. To discuss the prosecution anddefenses consultation system and other related systems through analyzing the rights tosentence recommendations by the prosecutor’s, the rights to defend by the layers, toprotect victims’ rights, and evidence discovery system. To establish the principle, scope,subject, contents, procedures and supervision mechanism and the defendant pleadsguilty of voluntary protection mechanism of prosecution and the defense consultationsystem, and through our shortage of the judicial resources, gradually increased the riskof control, the lack of the mechanism of doubtful cases settlement, and the defect toprosecution repeatedly. To expound the possibility of establishment the prosecutionand defenses consultation system in China by analyzing through the values, justice, At last, efficiency concept based, adversarial system based on the established system, prosecut3d agency system, the base of practice to the first Chinese plea-bargaining case, the base of consultation between prosecution and defenses in judicial practice and justice system.

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