Research on the development and operation of negotiation system of R.O.C.

• Main Authors: Yung-Chih Peng, 彭永志
• Other Authors: 管高岳
• Format: Others
• Language: zh-TW
• Published: 2007
• Online Access: http://ndltd.ncl.edu.tw/handle/72478661570087445823

碩士 === 中原大學 === 財經法律研究所 === 95 === In recent years work load of the judicial personnel increased, the legal system originally was for safeguard the people's rights and interests to exist, the legal system also had function of the maintenance social order and promotes the public interest, but actually, heavy work of judicial personnel had the possibility of influence judicature decision, then causes function of the legal system to be unable the effective utilization. Because of this reason, this article which is research of “Plea Bargaining”, hope can find the better method for our country's criminal procedure. In the first chapter, it tells the foreword, motives, goals, methods, and range of the research. In the second chapter, it describes the Plea Bargaining of United States, and studies its theory of construction, criminal procedure system and Plea Bargaining development background, discuss its situation which implements in US. In the third chapter, it compared with Germany and Japan similar to Plea Bargaining of legal procedure and development. In the fourth chapter, from our country’s criminal procedure and the summary procedure, discusses background of its development for the research, and analyzes in law foundation. In the fifth chapter, it discusses the negotiation procedure operation on our country’s criminal procedure system, including brief of negotiation procedure, background of lawmaking; process of negotiation procedure and essence of negotiation procedure. In the sixth chapter, it suggests and discusses of Plea Bargaining and negotiation procedure; first, discuss operation of negotiation standard, second, focus on the controversy of Plea Bargaining and analysis its advantage and deficiency. In the seventh chapter, summarizes various chapters to discuss each kind of question and give some suggestion for reference of the future.