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Essay代写:Plea bargaining

2018-09-28 | 来源:51due教员组 | 类别:Essay代写范文

下面为大家整理一篇优秀的essay代写范文- Plea bargaining,供大家参考学习,这篇论文讨论了辩诉交易。在如今的辩诉交易制度中,应当最大限度地保障司法正义的实现,其目的是为了限制辩诉交易的案件范围和交易的内容,并且对辩诉交易实行有效的司法监督,另外设立司法救济手段,对严重牺牲正义的辩诉交易以审判监督程序加以纠正。

Plea bargaining,辩诉交易,英国代写,英国论文代写,essay代写

Plea bargaining challenges the existing criminal law principles and judicial procedures, but in the tension between the high number of criminal cases and the relatively limited judicial resources, the choice of plea bargaining is both helpless and rational. The critical problem of the existence of the system of plea bargaining is that in the system of plea bargaining, the realization of judicial justice should be guaranteed to the greatest extent. The main way to guarantee judicial justice is to limit the scope of cases and the content and range of transactions. Implement effective judicial supervision on plea bargaining; the judicial relief method is established to correct the serious sacrifice of justice in the plea bargain with the judicial supervision procedure. Plea bargaining can be tested and coexist with judicial justice, so the practice of plea bargaining can enter the view of criminal justice reform.

Most dramatically in the practice of criminal justice reform, the deal between the prosecution and the defense first appeared in mainland China. Plea bargaining breaks the traditional concept of punishment for crime and challenges the principle of appropriate punishment for crime. The more serious challenge lies in the concept of judicial justice. The traditional view of judicial justice cannot be put to the test if a complaint agency, acting on behalf of the state, should have been appointed to punish crimes and maintain justice, had traded with the accused, given up part of the right to complain, or had "interceded" the criminal in front of the court. If there is no danger of sacrificing judicial justice, the majority of people believe that the system of plea bargaining should be implemented immediately. The greatest fear and the greatest challenge to the system of plea bargaining is that it is likely to increase efficiency at the expense of justice. The question that this book considers from the Angle of the affirmation of plea bargaining is how to build a defense line of justice in the system of plea bargaining through careful design.

The ultimate purpose of prosecution plea bargaining is to protect the victim's legitimate rights and interests, but if the defendant is indeed guilty, plea bargaining will reduce the difficulty of retroactive, but also partially sacrifice the victim's interests. Doing so has the suspicion of selling the victim's lawful rights and interests.

Plea bargaining to a certain extent, reduce the criminal punishment of sin, because it is the main principle is that if considering the subjective vicious defendant is no longer serious mistake attitude sincerity, cooperation with the state shall adopt the attitude that allowed within the bounds of the law, reduce the strength of the punishment, doing so will inevitably weaken the function of punishment to the general crime prevention.

The prosecution and defense of plea bargaining both sides stand in their own Angle, have the motive of seeking advantage and avoiding harm, and have the weakness which is not enough to resist the other side, the evidence in their hands may be difficult to withstand the defense side's cross-examination. For accusers, while the evidence is indeed ample, the likelihood of acquittal is not present until the court delivers the verdict, so they are less concerned with the severity of the high sentence than with the court's approval of their accusers. From the point of view of the accused, sometimes in order to get a lesser punishment, I would rather admit the guilt that I did not have, so as to get a relatively lucky ending.

There are three main types of plea bargaining in the United States. Under the condition of the defendant's guilty plea, the prosecutor promised to make a recommendation to the judge for a lesser punishment. The second is to drop some of the charges. That is, when the defendant has several crimes or multiple criminal facts under the same crime, the prosecutor will give up the charges of some other crimes or criminal facts on the condition that the defendant admits to some of the crimes. The third is to mitigate the charges. The essence of the charge is to reduce the charge, that is, when a crime is divided into different circumstances and has different sentencing ranges under the criminal law, prosecutors charge a lesser charge if the accused acknowledges the lesser charge.

Crimes of a serious nature are mainly violent crimes that endanger national security and seriously violate citizens' personal rights. The object of these crimes is the most important interest of the state or the citizen.

The circumstances of the crime are especially serious. Although a plea bargain is a crime, it should not be allowed if the circumstances of the crime are particularly serious. If it is believed that the actual penalty can be mitigated by plea bargaining as long as the guilty attitude is good, then the criminal death penalty will not have the opportunity to be applied, which obviously cannot be tolerated by judicial justice.

The fundamental principle of plea bargaining is actually to guarantee the justice and fairness of the law. But such mitigating action, which is of little use to repeat offenders, must greatly increase the likelihood that their rehabilitation will fail. Making it more difficult to return to the society will also bring more unstable factors to the society.

If the range of the penalty is too large, it will not only damage the judicial justice, but also greatly detract the due function of the penalty. Therefore, it is necessary to limit the extent of trading. There are two common situations: one is to give up the charge of one or other of several crimes; Two is a crime in the existence of a number of crimes constitute the facts of the case. In both cases, it is only the minor offence or the minor fact that the complainant can drop the charge, and the more serious offence of several crimes cannot be dropped. It is unreasonable to reduce the penalty too much or too little. Being too small is less attractive and can greatly reduce turnover. Therefore, when carrying out the system of plea bargaining, it is necessary to establish a guideline for the complainant to make the sentencing proposal and the judge to review the sentencing proposal.

In order to make the damage appeared in the process of plea bargaining is justice be corrected in time, we need to build unfair trade remedy mechanism, the remedy mechanism is mainly composed of two aspects: first, the procedure for trial supervision to match the plea bargaining, through the procedure for trial supervision is carefully review the plea bargaining loopholes in the case, found that deficiency of plea bargaining, if serious damage to the judicial justice, then, through the trial supervision authority has the right to stop, such doing can maintain justice and strict law; Second, give the victim the means of relief. When the victim feels that the law is unfair and infringes upon his or her lawful rights and interests, he or she may have the right to object to the court and, when necessary, even directly to the public prosecution organ for the crime of refusing to prosecute. In this way, the rights and interests of the victim are guaranteed to some extent. Through the above two relief approaches, we can better safeguard the judicial justice side.

As a system with a tendency to threaten judicial justice, the system of plea bargaining is bound to have great obstacles in the field of criminal justice in China. However, as one of the ways to improve the efficiency of criminal justice, we can try the system of plea bargaining. The plan to bring the practice of the plea bargain system into criminal justice reform, we already have the legal and practical basis.

In today's world, the doctrine of prosecuting cheapism or the doctrine of prosecuting legality has generally replaced the doctrine of prosecuting legality as the basic principle, such as the United States; Or take legal doctrine of prosecution as the principle, take cheap doctrine of prosecution as the exception, such as Germany; In a word, they all give prosecutors some discretion to prosecute and do not exclude the doctrine of prosecution cheapness. The prosecution cheapism and the plea bargain system have the same nature and problem, that is, they are the rebellion to the traditional penalty idea, because the plea bargain system is the concrete application and embodiment of the prosecution cheapism principle. Therefore, not only the system of plea bargaining has been questioned, but the prosecution of cheapism as a principle is still a controversial issue, which is nothing but the mainstream view or the trend of the trend is to affirm and adopt the prosecution of cheapism. The relative non-prosecution system in China actually contains a kind of implied similar transaction factors. For, in cases where the circumstances of a crime are minor and there is no need to impose punishment or to be exempted from punishment in accordance with the provisions of the criminal law, the people's procuratorate may make a decision not to prosecute, rather than a decision not to prosecute. Whether to make a decision not to prosecute depends largely on the criminal suspect's attitude of confession and repentance. If you do not plead guilty or change without remorse, it is certainly necessary to file a public prosecution request for a penalty. In such cases, the suspect's honest attitude of confession and sincere attitude of repentance are exchanged for the determination and decision of prosecutors to apply relatively non-prosecution.

Secondly, practice has laid a foundation for the attempt of plea bargaining system. There have been a few cases in real life, when should be sued, deferred prosecution of the pilot. As such cases are very special, if they are prosecuted, it is not conducive to the quick return of the criminal suspect to the society, nor to the formation of a good law-abiding atmosphere for the society. Likely to further become an anti-social force, these cases are often done under the guidance of the supreme people's procuratorate, which has laid the groundwork for attempts at plea bargaining. This kind of pilot is carried out mostly in the case of a few minor crime, preliminary practice shows that doing so is successful. Not only the public recognition, but also the criminal actor's positive attitude and return to action. This preliminary practice also shows that the implementation of plea bargaining is feasible in practice from one aspect, and the trial of plea bargaining system can be carried out on the basis of the experience gained from the deferred non-prosecution practice and the standardization of it.

In short, our judicial reform is a kind of practice in itself, and the particularity of this practice lies in that it cannot rely on the bold exploration of the judicial organs in various regions out of the legal track. However, the top judicial organs can carefully organize and guide some pilot practices of judicial reform on the basis of careful research. The system of plea bargaining should be included in such reforms.

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