The majority of criminal cases are disposed by the mechanism of plea negotiation in the federal jurisdiction of the United States. This procedure has replaced adversarial trial tradition of the U.S. criminal justice system for decades. Since 2014, China has initiated plea negotiation in the criminal justice system. Following the efforts of legislation and judiciary, China has formulated a Sinicized concessional criminal justice system. Up to now, over 86% criminal cases in China are handled with the plea negotiation system without appeals. Motivated by the same goals of procedural economy and systematic efficiency, these two nations have developed the plea negotiation system into the core driver of criminal justice dynamics. This ubiquity has led the similarities appearing in the adversarial system of the US and the inquisitorial system of China substantially and procedurally. In the light of the costs and benefits analysis, it raises research questions as follows: what needs to be ensured where a defendant posits in a plea negotiation process? What are the costs and benefits of defendant’s decision making? Whether this cost-saving procedure achieves systemic efficiency and fairness? What can be rebuilt for improving the current system? This article is aimed to propose some new practical ideas that may improve the transparency and the fairness of plea negotiation process, and finally earn trust from the criminal defendants and the public at large. Through a comparative study, this article outlines the advantages and disadvantages of the plea negotiation systems in the U.S. and China. Thereafter, this article channels the practical measures to rebuild the plea negotiation system in these two nations. It is also aimed to contribute some insights to other nations’ re-consideration of reforming the negotiated criminal justice system in the near future. / Temple University. James E. Beasley School of Law / Law
| Identifer | oai:union.ndltd.org:TEMPLE/oai:scholarshare.temple.edu:20.500.12613/7638 |
| Date | January 2022 |
| Creators | Soge, Gongbaozhandao |
| Publisher | Temple University. Libraries |
| Source Sets | Temple University |
| Language | English |
| Detected Language | English |
| Type | Thesis/Dissertation, Text |
| Format | 122 pages |
| Rights | IN COPYRIGHT- This Rights Statement can be used for an Item that is in copyright. Using this statement implies that the organization making this Item available has determined that the Item is in copyright and either is the rights-holder, has obtained permission from the rights-holder(s) to make their Work(s) available, or makes the Item available under an exception or limitation to copyright (including Fair Use) that entitles it to make the Item available., http://rightsstatements.org/vocab/InC/1.0/ |
| Relation | http://dx.doi.org/10.34944/dspace/7615, Theses and Dissertations |
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