analysis of criminal procedure also desirable to introduce plea bargain system（分析刑事诉讼程序还需要引入辩诉交易制度）.docVIP

Analysis of Criminal Procedure also desirable to introduce Plea Bargain System Abstract This article from the country does not have the background and implementation of plea bargaining and plea bargaining system and the conditions of China’s current legal concepts, the judicial system is not compatible discusses two aspects of criminal proceedings also desirable to introduce plea bargaining system. Background Paper Keywords Criminal Plea Bargain Plea Bargain System originated in the United States, but also in the United States criminal law provisions are typical. According to the U.S. BLACK’SLAWDICTIONARY (SIXTHEDITION Sixth Edition) interpretation of plea bargaining called Pleabargainingor Pleaagreement, its meaning is signed by the prosecutor before the indictment, the Prosecutor may as a national representative on behalf of the same as the defendant’s counsel on whether the defendant guilty, the severity of the penalties imposed for transactions to reach a mutually satisfactory agreement. Plea Bargain typically includes the following three ways: First, reduce the allegation refers to the prosecutor agreed to be lighter than the original alleged offenses alleged against the accused in exchange for the defendant’s guilty plea. Two is to reduce the charges, when a defendant is guilty of several offenses, the Prosecutor to conduct only one alleged crime, while others withdraw charges of as a condition for the defendant’s guilty plea. Three is the penalty Trades refer prosecutors agreed to a judge’s sentencing recommendation favor of the defendant, the defendant Branch Office recommended the penalty of their consent, in exchange for the defendant’s guilty plea. After the plea agreement between the parties, in general, the court will no longer be a substantive trial of the case, but only in the form of mutual recognition agreement. Only when the court held that the plea bargaining content violates the principles of justice and fairness, the court can refuse