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Practice and Inspiration of Plea Bargaining in German

XU Mei-jun

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Abstract

Plea bargaining in Germany is a totally spontaneous production of the practice. Analysis on the norm, origin, discussion, relevant judicial judgment and reforming draft act on Germany plea bargaining practice demonstrates that plea bargaining becomes one of modes to solve criminal cases in Germany. The mode reflects characteristics of German criminal procedure and dilemma facing to German criminal process. In addition, it lessens the differences between two procedural models and presents the procedural principle of different legal system but the same way to solve cases worldwidely. Germany plea bargaining practice shows that it is probablely to establish the way to settle the case quickly based on the defendant guilty plea and lenient punishment rewards in our country.

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Plea bargaining in Germany is a totally spontaneous production of the practice. Analysis on the norm, origin, discussion, relevant judicial judgment and reforming draft act on Germany plea bargaining practice demonstrates that plea bargaining becomes one of modes to solve criminal cases in Germany. The mode reflects characteristics of German criminal procedure and dilemma facing to German criminal process. In addition, it lessens the differences between two procedural models and presents the procedural principle of different legal system but the same way to solve cases worldwidely. Germany plea bargaining practice shows that it is probablely to establish the way to settle the case quickly based on the defendant guilty plea and lenient punishment rewards in our country.

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Available abstract

Plea bargaining in Germany is a totally spontaneous production of the practice. Analysis on the norm, origin, discussion, relevant judicial judgment and reforming draft act on Germany plea bargaining practice demonstrates that plea bargaining becomes one of modes to solve criminal cases in Germany. The mode reflects characteristics of German criminal procedure and dilemma facing to German criminal process. In addition, it lessens the differences between two procedural models and presents the procedural principle of different legal system but the same way to solve cases worldwidely. Germany plea bargaining practice shows that it is probablely to establish the way to settle the case quickly based on the defendant guilty plea and lenient punishment rewards in our country.

Key concepts: Plea, German, Dilemma, Law, Punishment (psychology), Criminal procedure, Law and economics, Political science

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