Plea Bargaining in Criminal Dispute Settlement

被引:0
|
作者
Ye Xiaohua [1 ]
机构
[1] Zhejiang Gongshang Univ, Sch Law, Hangzhou, Zhejiang, Peoples R China
基金
中国国家社会科学基金;
关键词
criminal disputes; plea bargaining; non-felony cases; bargaining over penalty;
D O I
10.1080/02529203.2016.1162022
中图分类号
C [社会科学总论];
学科分类号
03 ; 0303 ;
摘要
In order to settle criminal cases promptly and save on judicial resources, using plea bargaining to settle criminal disputes is both an immediate need and a rational choice for China. In the application of plea bargaining, comprehensive consideration should be given to multiple values, including efficiency, justice, harmony, and tempering severity with leniency. Plea bargaining should be applied in cases that do not involve a felony, should be based on a determination of the nature of the crime, and should be limited to bargaining over penalties. Plea bargaining agreements are entered into by the procurator and the defendant, and do not extend to the judge.
引用
收藏
页码:196 / 208
页数:13
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