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最好有手译的,机译的麻烦理顺一下并注明翻译网址~~内容摘要辩诉交易制度是20世纪以来在美国发展起来的一种新的刑事诉讼制度,自从其产生以后,不但在英美法系国家得到推广,在德...
最好有手译的,机译的麻烦理顺一下并注明翻译网址~~
内容摘要
辩诉交易制度是20世纪以来在美国发展起来的一种新的刑事诉讼制度,自从其产生以后,不但在英美法系国家得到推广,在德国、意大利等大陆法系国家也得到发展,成为世界上一种重要的诉讼制度。对于辩诉交易制度,我国学界存在较大争议,主要有肯定说、否定说、缓行说三种主要观点。但从我国司法实践分析,我国已存在确立辩诉交易制度的思想基础、制度基础、法律基础和事实基础。对于辩诉交易制度的构建,可从以下六个方面着手:将一般所称的辩诉交易制度改为控辩协商制度;适用范围段控制在可能被判处有期徒刑3年以下的刑罚、拘役的案件;主体为控辩双方及被害人;内容限制为只能对刑罚进行交易;对普通程序简化审进行修改,加入辩诉交易程序;辩诉交易协议以判决书的形式予以认定,确定其法律效力。
关键词: 辩诉交易 概念 历史沿革 比较法分析 立法建议
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内容摘要
辩诉交易制度是20世纪以来在美国发展起来的一种新的刑事诉讼制度,自从其产生以后,不但在英美法系国家得到推广,在德国、意大利等大陆法系国家也得到发展,成为世界上一种重要的诉讼制度。对于辩诉交易制度,我国学界存在较大争议,主要有肯定说、否定说、缓行说三种主要观点。但从我国司法实践分析,我国已存在确立辩诉交易制度的思想基础、制度基础、法律基础和事实基础。对于辩诉交易制度的构建,可从以下六个方面着手:将一般所称的辩诉交易制度改为控辩协商制度;适用范围段控制在可能被判处有期徒刑3年以下的刑罚、拘役的案件;主体为控辩双方及被害人;内容限制为只能对刑罚进行交易;对普通程序简化审进行修改,加入辩诉交易程序;辩诉交易协议以判决书的形式予以认定,确定其法律效力。
关键词: 辩诉交易 概念 历史沿革 比较法分析 立法建议
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Since has explained the transaction system is the 20th century one kind of new criminal prosecution system which develops in US after, produces since it, not only obtains the promotion in the British and American legal system country, in mainland legal system countries and so on the Germany, Italy also obtains the development, becomes in the world one kind of important lawsuit system.Regarding explains the transaction system, our country educational world existence loudly disputed that, mainly has definitely said, the denial said, goes slowly says three major points.But from our country judicature practice analysis, our country has had the establishment to explain the transaction system the thought foundation, the system foundation, the legal foundation and the fact foundation.Regarding explains the transaction system the construction, may begin from following six aspects: Generally called explains the transaction system to change controls debates the consultative system; The applicable scope section control in is possibly condemned the case which the set term of imprisonment 3 years following penalty, imprisons; The main body for controls debates both sides and the victim; The content limit for only can carry on the transaction to the penalty; Examines to the ordinary procedure simplification carries on the revision, joins explains the transaction procedure; Explains the transaction agreement to recognize by the written judgment form that, determines its legal effect.
Since has explained the transaction system is the 20th century one kind of new criminal prosecution system which develops in US after, produces since it, not only obtains the promotion in the British and American legal system country, in mainland legal system countries and so on the Germany, Italy also obtains the development, becomes in the world one kind of important lawsuit system.Regarding explains the transaction system, our country educational world existence loudly disputed that, mainly has definitely said, the denial said, goes slowly says three major points.But from our country judicature practice analysis, our country has had the establishment to explain the transaction system the thought foundation, the system foundation, the legal foundation and the fact foundation.Regarding explains the transaction system the construction, may begin from following six aspects: Generally called explains the transaction system to change controls debates the consultative system; The applicable scope section control in is possibly condemned the case which the set term of imprisonment 3 years following penalty, imprisons; The main body for controls debates both sides and the victim; The content limit for only can carry on the transaction to the penalty; Examines to the ordinary procedure simplification carries on the revision, joins explains the transaction procedure; Explains the transaction agreement to recognize by the written judgment form that, determines its legal effect.
Since has explained the transaction system is the 20th century one kind of new criminal prosecution system which develops in US after, produces since it, not only obtains the promotion in the British and American legal system country, in mainland legal system countries and so on the Germany, Italy also obtains the development, becomes in the world one kind of important lawsuit system.Regarding explains the transaction system, our country educational world existence loudly disputed that, mainly has definitely said, the denial said, goes slowly says three major points.But from our country judicature practice analysis, our country has had the establishment to explain the transaction system the thought foundation, the system foundation, the legal foundation and the fact foundation.Regarding explains the transaction system the construction, may begin from following six aspects: Generally called explains the transaction system to change controls debates the consultative system; The applicable scope section control in is possibly condemned the case which the set term of imprisonment 3 years following penalty, imprisons; The main body for controls debates both sides and the victim; The content limit for only can carry on the transaction to the penalty; Examines to the ordinary procedure simplification carries on the revision, joins explains the transaction procedure; Explains the transaction agreement to recognize by the written judgment form that, determines its legal effect.
Content summary:
Debate and tell the trade system is a kind of new criminal suit system developed in U.S.A. since the 20th century, since emerging in it, not only American and French department country popularize in Great Britain, until Germany, Italy continent law department country develop, become a kind of important lawsuit system in the world. Tell the trade system in debating, the educational circles of our country have greater disputes, mainly must say, deny and say, walk slowly and speak three kinds of main views. Analyze from of our country judicial practice our country have, establish, debate, tell trade thought foundation, system foundation, legal foundation and fact foundation of system already. Tell the construction of the trade system in debating, can set about from six following respects: A generally refered one debate, tell trade system change into and accuse of debating the system of consulting; Applicable scope section control in might penalty, case of detention to sentence to fixed-term imprisonment 3 year; The subject, in order to accuse of debating both sides and victim; The content is restricted to and can only do a deal to penalty; Simplify, examine, go on, revise to ordinary procedure, accede to and debate and tell the transaction procedure; Debate, tell trade agreement assert, fix his legal effect in the form of court verdict.
Keyword: Debate the trade of telling, the concept, historical evolution, the comparative law analyzes, legislate to propose
Content summary:
Debate and tell the trade system is a kind of new criminal suit system developed in U.S.A. since the 20th century, since emerging in it, not only American and French department country popularize in Great Britain, until Germany, Italy continent law department country develop, become a kind of important lawsuit system in the world. Tell the trade system in debating, the educational circles of our country have greater disputes, mainly must say, deny and say, walk slowly and speak three kinds of main views. Analyze from of our country judicial practice our country have, establish, debate, tell trade thought foundation, system foundation, legal foundation and fact foundation of system already. Tell the construction of the trade system in debating, can set about from six following respects: A generally refered one debate, tell trade system change into and accuse of debating the system of consulting; Applicable scope section control in might penalty, case of detention to sentence to fixed-term imprisonment 3 year; The subject, in order to accuse of debating both sides and victim; The content is restricted to and can only do a deal to penalty; Simplify, examine, go on, revise to ordinary procedure, accede to and debate and tell the transaction procedure; Debate, tell trade agreement assert, fix his legal effect in the form of court verdict.
Keyword: Debate the trade of telling, the concept, historical evolution, the comparative law analyzes, legislate to propose
Since has explained the transaction system is the 20th century one kind of new criminal prosecution system which develops in US after, produces since it, not only obtains the promotion in the British and American legal system country, in mainland legal system countries and so on the Germany, Italy also obtains the development, becomes in the world one kind of important lawsuit system.Regarding explains the transaction system, our country educational world existence loudly disputed that, mainly has definitely said, the denial said, goes slowly says three major points.But from our country judicature practice analysis, our country has had the establishment to explain the transaction system the thought foundation, the system foundation, the legal foundation and the fact foundation.Regarding explains the transaction system the construction, may begin from following six aspects: Generally called explains the transaction system to change controls debates the consultative system; The applicable scope section control in is possibly condemned the case which the set term of imprisonment 3 years following penalty, imprisons; The main body for controls debates both sides and the victim; The content limit for only can carry on the transaction to the penalty; Examines to the ordinary procedure simplification carries on the revision, joins explains the transaction procedure; Explains the transaction agreement to recognize by the written judgment form that, determines its legal effect.
Since has explained the transaction system is the 20th century one kind of new criminal prosecution system which develops in US after, produces since it, not only obtains the promotion in the British and American legal system country, in mainland legal system countries and so on the Germany, Italy also obtains the development, becomes in the world one kind of important lawsuit system.Regarding explains the transaction system, our country educational world existence loudly disputed that, mainly has definitely said, the denial said, goes slowly says three major points.But from our country judicature practice analysis, our country has had the establishment to explain the transaction system the thought foundation, the system foundation, the legal foundation and the fact foundation.Regarding explains the transaction system the construction, may begin from following six aspects: Generally called explains the transaction system to change controls debates the consultative system; The applicable scope section control in is possibly condemned the case which the set term of imprisonment 3 years following penalty, imprisons; The main body for controls debates both sides and the victim; The content limit for only can carry on the transaction to the penalty; Examines to the ordinary procedure simplification carries on the revision, joins explains the transaction procedure; Explains the transaction agreement to recognize by the written judgment form that, determines its legal effect.
Content summary:
Debate and tell the trade system is a kind of new criminal suit system developed in U.S.A. since the 20th century, since emerging in it, not only American and French department country popularize in Great Britain, until Germany, Italy continent law department country develop, become a kind of important lawsuit system in the world. Tell the trade system in debating, the educational circles of our country have greater disputes, mainly must say, deny and say, walk slowly and speak three kinds of main views. Analyze from of our country judicial practice our country have, establish, debate, tell trade thought foundation, system foundation, legal foundation and fact foundation of system already. Tell the construction of the trade system in debating, can set about from six following respects: A generally refered one debate, tell trade system change into and accuse of debating the system of consulting; Applicable scope section control in might penalty, case of detention to sentence to fixed-term imprisonment 3 year; The subject, in order to accuse of debating both sides and victim; The content is restricted to and can only do a deal to penalty; Simplify, examine, go on, revise to ordinary procedure, accede to and debate and tell the transaction procedure; Debate, tell trade agreement assert, fix his legal effect in the form of court verdict.
Keyword: Debate the trade of telling, the concept, historical evolution, the comparative law analyzes, legislate to propose
Content summary:
Debate and tell the trade system is a kind of new criminal suit system developed in U.S.A. since the 20th century, since emerging in it, not only American and French department country popularize in Great Britain, until Germany, Italy continent law department country develop, become a kind of important lawsuit system in the world. Tell the trade system in debating, the educational circles of our country have greater disputes, mainly must say, deny and say, walk slowly and speak three kinds of main views. Analyze from of our country judicial practice our country have, establish, debate, tell trade thought foundation, system foundation, legal foundation and fact foundation of system already. Tell the construction of the trade system in debating, can set about from six following respects: A generally refered one debate, tell trade system change into and accuse of debating the system of consulting; Applicable scope section control in might penalty, case of detention to sentence to fixed-term imprisonment 3 year; The subject, in order to accuse of debating both sides and victim; The content is restricted to and can only do a deal to penalty; Simplify, examine, go on, revise to ordinary procedure, accede to and debate and tell the transaction procedure; Debate, tell trade agreement assert, fix his legal effect in the form of court verdict.
Keyword: Debate the trade of telling, the concept, historical evolution, the comparative law analyzes, legislate to propose
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Argue in one kind of new criminal justice system that USA develops since telling business system is 20 centuries, since the person comes into being, not only the country is spread in UK-US genealogy of law, before civil law countries such as Germany , Italy being also developed , become world previous kind of important legal action system. Tell business system to arguing, our country there exists bigger dispute in educational circles , have a dead cert to say mainly , deny that the say , slow line says three kinds main viewpoints. Actual judicial practice is analytical but from our country , our country already existence establishes the thought basis , system basis , law basis and fact arguing to tell business system basis. The structure telling business system to arguing is built , may set about from six aspect of the following: What fits arguing tells business system with the sort switching over to be charge argue system consulting; Applicability Duan controls penalty , the law case taking into custody being condemned to fixed-term imprisonment following for 3 years in possibility; The main body is prosecution and defense and the victim; Content restricts for being able to only carry out business on the penalty; Try the modification being in progress to average procedure simplification , put in arguing to tell business procedure; Argue to tell business firmly believing that with the court verdict form by agreement , ascertain whose legal effect. 辩诉交易---Argue to tell business,概念---Concept,历史沿革---History evolution,比较法分析---Comparison method is analysed,立法建议---Suggestion on legislation, 翻译网址======http://trans.godict.com/index.php
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Content summary:
Debate and tell the trade system is a kind of new criminal suit system developed in U.S.A. since the 20th century, since emerging in it, not only American and French department country popularize in Great Britain, until Germany, Italy continent law department country develop, become a kind of important lawsuit system in the world. Tell the trade system in debating, the educational circles of our country have greater disputes, mainly must say, deny and say, walk slowly and speak three kinds of main views. Analyze from of our country judicial practice our country have, establish, debate, tell trade thought foundation, system foundation, legal foundation and fact foundation of system already. Tell the construction of the trade system in debating, can set about from six following respects: A generally refered one debate, tell trade system change into and accuse of debating the system of consulting; Applicable scope section control in might penalty, case of detention to sentence to fixed-term imprisonment 3 year; The subject, in order to accuse of debating both sides and victim; The content is restricted to and can only do a deal to penalty; Simplify, examine, go on, revise to ordinary procedure, accede to and debate and tell the transaction procedure; Debate, tell trade agreement assert, fix his legal effect in the form of court verdict.
Keyword: Debate the trade of telling, the concept, historical evolution, the comparative law analyzes, legislate to propose
Debate and tell the trade system is a kind of new criminal suit system developed in U.S.A. since the 20th century, since emerging in it, not only American and French department country popularize in Great Britain, until Germany, Italy continent law department country develop, become a kind of important lawsuit system in the world. Tell the trade system in debating, the educational circles of our country have greater disputes, mainly must say, deny and say, walk slowly and speak three kinds of main views. Analyze from of our country judicial practice our country have, establish, debate, tell trade thought foundation, system foundation, legal foundation and fact foundation of system already. Tell the construction of the trade system in debating, can set about from six following respects: A generally refered one debate, tell trade system change into and accuse of debating the system of consulting; Applicable scope section control in might penalty, case of detention to sentence to fixed-term imprisonment 3 year; The subject, in order to accuse of debating both sides and victim; The content is restricted to and can only do a deal to penalty; Simplify, examine, go on, revise to ordinary procedure, accede to and debate and tell the transaction procedure; Debate, tell trade agreement assert, fix his legal effect in the form of court verdict.
Keyword: Debate the trade of telling, the concept, historical evolution, the comparative law analyzes, legislate to propose
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Since has explained the transaction system is the 20th century one kind of new criminal prosecution system which develops in the US, produces after it, not only obtains the promotion in the UK-US legal system country, in mainland legal system countries and so on Germany, Italy also obtains the development, becomes in the world one kind of important lawsuit system. Regarding explains the transaction system, our country educational world existence loudly disputed that mainly had definitely said that the denial said that went slowly says three major points. But from our country judicature practice analysis, our country has had the establishment to explain the transaction system's ideological foundation, the system foundation, the legal base and the fact foundation. Regarding explains the transaction system's construction, may begin from the following six aspects: Will call generally explains the transaction system to change controls debates the consolation system; The applicable scope section control in is possibly condemned the case which a set term of imprisonment 3 year following penalty, imprisons; The main body to control debates both sides and the victim; The content limit to can only carry on the transaction to the penalty; Examines to the ordinary procedure simplification makes the revision, joins explains the transaction procedure; Explains the transaction agreement to recognize by the written judgment form that determines its legal effect.
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