辩诉交易本土化之研究-法律专业论文.docxVIP

摘要 摘要 ABSTRACT The plea bargaining system originated in the U. S. , spreading from the U. S. to England, Russia, Germany, Japan and other countries. The plea bargaining has been in two different voices of approval and opposition to flourish, but also make it unique in a number of the criminal justice system, have attracted worldwide attention. Researchers in China introduce generally the plea bargaining system at first, and then launch the theoretical discussion on transplanting or non-transplanting of the plea bargaining system to China. In legal practises, from Semi-overt Qijiang Hong Bridge case to Meng Guanghu case. These all reveal researchers and legal practioners recent close attention on the issue of importation of the plea bargaining system. This system with other criminal justice system can not match value, and therefore whether the introduction of China is a subject of in-depth study. This paper in addition to the introduction and conclusion, is divided into three chapters: The first chapter is the introduction of plea bargaining. First elaborated the concept of plea bargaining; followed by analysis of plea bargaining value, that is, which contains the contract concept, the concept of pragmatism and judicial efficiency; the final analysis, similar to the current system point out the inadequacies. The second chapter is the analysis of American Plea Bargaining. First described the origin of the plea bargaining system in the United States; and then explain the three categories of American Plea Bargaining content; Finally, the status of plea bargaining by the United States. The third chapter is to put forward the idea of plea bargaining localization. First analysis of the legitimacy and necessity of plea bargaining localization, as an example of a plea bargain localization of reasons; Secondly, the introduction of the concept of plea bargaining to transform the existing criminal trial procedures, and detailed discussion of a new criminal trial procedures. KEY