Proceedings of the 2016 2nd International Conference on Economy, Management, Law and Education (EMLE 2016)

Reflections on the Reality of "Chinese Plea Bargaining"

Authors
Qi An
Corresponding Author
Qi An
Available Online December 2016.
DOI
https://doi.org/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.
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Proceedings
2016 2nd International Conference on Economy, Management, Law and Education (EMLE 2016)
Part of series
Advances in Economics, Business and Management Research
Publication Date
December 2016
ISBN
978-94-6252-291-6
ISSN
2352-5428
DOI
https://doi.org/10.2991/emle-16.2017.85How to use a DOI?
Open Access
This is an open access article distributed under the CC BY-NC license.

Cite this article

TY  - CONF
AU  - Qi An
PY  - 2016/12
DA  - 2016/12
TI  - Reflections on the Reality of "Chinese Plea Bargaining"
BT  - 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  - https://doi.org/10.2991/emle-16.2017.85
ID  - An2016/12
ER  -