Dissertation > Excellent graduate degree dissertation topics show

The "Plea Bargain Factors" in Criminal Judicature and Its Systematic Development in China

Author: WanZuo
Tutor: SunChangYong
School: Southwest University of Political Science
Course: Legal
Keywords: plea bargain plea bargain factors non-versus of related simple procedure suggestion power of sentencing
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 143
Quote: 0
Read: Download Dissertation

Abstract


The plea bargain system originated from 19th’America and increasingly developed with the disputes, which is transplanted to Germany, Italy and other countries later. And there are no plea bargain system rules in Chinese legislations, but the similar judicial practices would be common such as the non-versus of the related in the prosecutors, the criminal exoneration of the“tainted witness”usually in the bribes and corruptions and the fresh attempts in recent years as the“non-versus with the limits”, the“normal procedure with the small trail”and the“confession as the light punishment”. And all of these would be benefit for the resolve the disputes of the litigation targets, the acknowledge and respects of the accused litigated status and the classification of the criminal procedures for the optional arrangement of the judicial resources, which are the similar with the system of plea bargain that the author call them as the“plea bargain factors”. So we should commit that these factors are not only the products of the increasing numbers of criminal cases and the demand of higher effective judicature but also the necessary result for the advanced judicial ideas and the practical development in the current situation. At present, the China is carrying on the third judicial reform in order to enhance the litigation effectives as the forced demand. For instance, the Railway Court in Mudan river made a decision in 2002 was regard as the“first case of plea bargain”in China, which attracted the focus by the academia to discuss its necessity and the possibility and the detail system design that conclude as the following three points: positive, negative and the suspend. However, the author considers that plea bargain is the product of the American particular social environment and judicial practices with the demanding special culture and system conditions for its works based on the pragmatism and the slight ideas of the victims, which is opposite to the direction of the criminal reforms in China. Therefore, as the fact of the Chinese judicial practices, if we give the plea bargain the legal form as the system, it would be too early to accept it without the selection of its disadvantages. So we should focus over those“plea bargain factors”instead of the systematic discussion to reform and improve the current similar system such as the working mechanism above in order to rule and limit the development of“plea bargain factors”. In a word, we should take advantages of these factors in the current fame of criminal procedures to optional arrange the judicial resources to enhance the active effects of the judicial effects to promote the stable development of criminal reforms in China.

Related Dissertations

  1. Research on Three-party Negotiation Mechanism of Public Prosecution,D925.2
  2. Plea Bargain order and the rule of law in China construct,D925.2
  3. Study on Confession,D924
  4. Build Plea Bargaining in China,D925.2
  5. The Preliminarily Research on Transplantation of Plea-bargaining under "Lenient and Severe Combined Together" Policy,D925.2
  6. On the System of Civil Suit Collateral to Criminal Procedure,D925.2
  7. The Study of Divisions in Criminal Trial Procedure,D925.2
  8. On Common Proceeding,D915.2
  9. Criminal trial summary,D915.3
  10. Construction of Administrative Litigation Simple Procedure,D925.3
  11. Criminal Case JianYiShen Ordinary Procedure,D925.2
  12. Establish Simple Procedure for Administration Litigation,D925.3
  13. Criminal trial summary,D925.2
  14. Reform and Reconstruction of China’s Civil Simple Procedure,D925.1
  15. Rethink and Rebuild the Simple Procedure of Civil,D925.1
  16. On the Establishment of Right to Remain Silent,D925.2
  17. On the protection of the privacy of the investigation stage,D925.2
  18. Review Procedure Civil Retrial,D925.1
  19. Administrative proceedings associated with civil litigation cases mode,D925
  20. The Study Over Criminal Reconciliation System,D925.2
  21. Rethink of Chinese Trial System of Civil Litigation,D925.1

CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
© 2012 www.DissertationTopic.Net  Mobile