Reflections on the Reality of "Chinese Plea Bargaining"

DOI

10.2991/emle-16.2017.85How to use a DOI?

Keywords

lenient system of pleading guilty; plea bargaining; plea consultation judicial reform

Abstract

In order to promote the institutionalization of the realization of the "perfection lenient system of pleading guilty", some local judicial authorities began to explore "the plea consultation system" between prosecution and defense based on the plea bargaining. However, the emergence and development of plea bargaining is closely related to its rooted legal system. If it does not have the applicable soil of consultative justice, due to the realistic factors such as the value of criminal procedure of state standard and the lower rate of defense attorney, simple migration of Plea bargaining is likely to result in deliberate neglect of the facts of the case and weakening the connection between the facts and the penalty which is contradictory with the existing legal provisions . Therefore, we should proceed from two aspects of the entity and the procedure and make the criminal policy be better implemented through the construction of the positive evaluation of the trial, the application of diversion procedures and other aspects.

Copyright

© 2017, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Qi An
PY  - 2016/12
DA  - 2016/12
TI  - Reflections on the Reality of "Chinese Plea Bargaining"
BT  - Proceedings of the 2016 2nd International Conference on Economy, Management, Law and Education (EMLE 2016)
PB  - Atlantis Press
SP  - 383
EP  - 385
SN  - 2352-5428
UR  - https://doi.org/10.2991/emle-16.2017.85
DO  - 10.2991/emle-16.2017.85
ID  - An2016/12
ER  -