Research On Plea Bargaining

Plea bargaining originated in America in the nieteenth century.Cases hoarding and low cation effciency helped to develop plea bargaining in the United States. With the reasonal of antagonism system in America and England absorbed in countries of civil law system, plea bargaining was transplanted to these countries, among those Italy became leading exponent in this aspect. In view of the development of plea bargaining in all countries of two law systems, difference of law tradition affects attitudes to plea bargaining, thus revelant different regulations came into being. Most countries of common law system adopt the practice of custom law to support and promote the practice of plea bargaining. At the same timw, countries of civil law system emphasize to stick to statutory law and show rufficient prudent attitudes to range and justices' guiding of plea bargaining. In fact, arguments about plea bargaining have never stopped since plea bargaining originated. America is typical case in this aspect. The legitimacy of plea bargaining exists in four aspects as following: First, the combination of vigorous growth of doctrin of prosecuting discretion and enlarged human rights of defendants. Second, continuous pursuit to efficiency of criminal action. Third, to move from traditional justice towards modem justice. Finally, to simplify criminal action procedure.Plea bargaining should be transplanted in criminal action of China. Analyzed from necessity and possibility, this transplantation have legitimac on value and feasibility on institution, we should adopt America mode of plea agreemetn and establish scientific institution of plea range by combining criminal policies to control the risk which pleas probably brings. At last we should further adopt and expand the summary procedure of "adjudicate by record".