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

On Establishing the Plea Bargaining System in China

Author ShiShuChuan
Tutor QianDaJun
School Jilin University
Course Legal
Keywords Plea Bargaining Judicial Practice System Design
CLC D925.2
Type Master's thesis
Year 2012
Downloads 110
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Plea-Bargaining refers to the consultations before the court hearing, as theprosecutor of the prosecutors and representatives of the defendant’s defense counselto withdraw the charges and downgrading of the charge or to ask a judge to be given alighter sentence as a condition to prosecutors, in exchange for the defendant the guiltyplea, and then the two sides reached the agreement acceptable. Popular to say, pleabargaining between the prosecutor and the defendant a "plea bargaining" behavior.Such a system, prosecutors, judges can use a minimum of judicial resources to handlemore criminal cases raise the work efficiency at the same time, the offender has beenreduced to a certain extent compared to the original offense of criminal sanctions,which is beneficial to both sides, forming a win-win situation.The plea bargain was generated in the United States since World War II. U.S.crime rates remain high due to various social causes. To solve the growing number ofcases with limited human and material resources, some of the big city prosecutorsbegan to use the way of agreements and transactions in exchange for the defendant’sguilty plea.“This closing method is quick and flexible, and thus is widely used infederal and state. The establishment and development of the plea bargaining system intheoretical circles caused by a wide range of debate, advocates and opponents of thepower is very powerful. At present, federal and state90%of the cases closed to pleabargaining.With China’s rapid economic and social development, high crime rates, a seriousshortage of judicial resources. Whether the same measures to resolve thiscontradiction, it is worth a serious, in-depth study. After all, China and the UnitedStates belong to different jurisdictions, the judiciary is very different, and a pleabargaining system is the reason of the deep-level. U.S. to pursue criminal proceedings,due process doctrine, in the proceedings to the pursuit of procedural justice is the firstprerequisite, the emphasis on the protection of the rights of the defendant and give full play to the role of defense counsel. With the initial formation of the framework ofour defense and the agency system, the change of the concept of public justice, thetime has come for the introduction and improvement of plea bargaining. AlthoughChina has in the legislation has never acknowledged the "plea bargain", but it is notdifficult to find a "plea bargain" and "shadow": active pleaded guilty defendant injudicial practice, the procuratorial organs put forward the recommendations of thesentencing, but also will take into account the fact that the court, and Plea similaritiesin spirit; In addition, China’s Criminal Procedure Law provides that, criminal privateprosecution cases of private prosecution in the pre-sentencing and the defendant settleon their own, or withdrawal of the regulations with the U.S."Plea Bargaining with thesame purpose. Of building a socialist rule of law in the country today, the idea of theprogress of criminal proceedings, the effectiveness of the proceedings and a fairbalance, learn from the requirements for the protection of the rights of criminalsuspects and so will be the plea bargaining system. Endorsed the plea bargain legalworkers have begun to actively design the system of plea bargaining system suitablefor China. The plea bargaining system will become an effective way to reduce crimein China to improve judicial efficiency.This paper falls into four parts.The first part, an overview of plea bargaining. From the basic content of pleabargaining, plea bargaining characteristics, the formation of plea bargaining in theUnited States and the reasons outlined.The second part of the plea bargain in the judicial practice in China. Consists offour main aspects, one sentencing concessions type of plea bargaining. The agreementonly for sentencing, the defendant in a guilty plea on the basis, in accordance with theprinciple of voluntary participation, within a certain range, the combination of entitiesand forms of review, the trial procedures be simplified, just on the plea bargaining toconfirm. Not to prosecute the type of plea bargaining. The suspect did great harm tosociety, behavior, and itself has a good attitude towards pleaded guilty, and promisedto compensate the victims, to achieve a settlement between the defendant and thevictim and immunity of witness penalties transaction. In order to investigate and dealwith the crime of the more harmful to society, not to pursue criminal behavior less harmful to society, which is also determined by social values. The fourth is a specialcase of plea bargaining.In the third part of the future would be the implementation of the plea bargainingsystem. Plea bargaining pros and cons of the implementation of the Plea BargainingSystem, the implementation of Plea Bargaining in the feasibility analysis andappraisal are mainly focused on.The fourth part of the plea bargaining system design. Our plea bargaining systemhas been designed from three aspects including the type of plea bargaining case; theoperating environment of the plea bargaining system and the plea bargain for theprotection and relief mechanism.

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