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On the victims' rights in the plea bargaining

Author: ShaoMingWei
Tutor: WangChangShui
School: Zhengzhou University
Course: Procedural Law
Keywords: Plea Bargaining Victim Protection of the rights Purpose of criminal proceedings
CLC: D925.2
Type: Master's thesis
Year: 2009
Downloads: 22
Quote: 0
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Abstract


Plea bargaining originated in the United States , reflects the new idea of a solution to deal with the issue of criminal proceedings . In modern criminal procedure generally inadequate protection of the rights of the victims , plea bargaining on the rights of victims to protect even more weak , ignored the plea bargaining rights of victims will not be able to comprehensive safeguard the procedural rights of the victim . Plea bargaining as the main power Procuratorate Court and as the subject of rights between the defendant and the victim mutual supervision and regulation is necessary , but as the main body of the traditional plea bargain , the prosecutor and the defendant is often based on the interests of victims as transactions one of the chips , but the prosecution or trial are not always representative of the interests of victims , so ignore the participation of victims in the importance of plea bargaining is not just damage substantive justice , but also highlights the prosecution seems to take the victim's in exchange for the benefit of the national interest , so that the protection of the rights of victims amounted to less than a full state , not only of procedural justice and substantive justice can not be achieved , but also to the heart of the victims can not be accepted and recognized countries give relief to allow victims own feeling that the reflect deterioration in continuing a \National protection and prosecution how powerful and perfect , no victim sensitive to the case directly , to allow victims to participate more fully to the proceedings and plea bargaining is more conducive to grasp and measure trade-offs of their own interests , but also more conducive to the heart, emotion and emotional balance , but also give the defendant an invisible pressure , so that it was taken in the heart of this pressure better and more sincere into a plea bargain . Therefore, I intend to start from the traditional plea bargaining , to explore how to better protect the rights of victims , victims' rights in the context of plea bargaining to find a better breakthrough and solutions , in order to facilitate criminal proceedings goal to achieve better .

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