On The Plea Bargaining

Plea bargaining refers to the criminal cases which are concluded in such a way that the charged , through his or her lawyers consulting with the prosecutor, makes a plea of guilty while the prosecutor cancels or reduces or degrades the charge , or makes suggestion of sentencing favorable of the charged to the court .Plea bargaining is a special trial procedure which is stipulated in criminal procedural law of many countries , but unfamiliar in China . The author holds that it is necessary to make a study on it , especially on whether it can be learned from for China . Based on this , the thesis is divided into four parts to make the research on plea bargain.Part One makes a comprehensive analysis of American plea bargaining . It analyses first the definition and characteristics of plea bargaining , pointing out that plea bargain has the feature of a typical contract. Then follows the introduction of several common types of American plea bargain .After that it focuses on the analysis of procedural operative mechanism of plea bargaining.Part Two makes an in-depth analysis of originator and development of American plea bargaining. It first makes an observation the historical development of American plea bargain. Then follows the analysis of the causes of its formation. It makes as well an introduction and evaluation of the domestic debate in USA whether plea bargain should be eliminated . Finally it makes the research on the transplantation and improvement of pleabargain in other countries, especially those of Continent Legal Family.On the basis of the first two parts , part Three analyses the theoretical basis and the root of reality as well as the possible disadvantages of importing to China the institution of plea bargaining, then reaches the conclusion that China should import the institution of plea bargaining , not wholly swallowing, but limitedly , and some restrictions should be made for it .Part Four puts forward some concrete suggestions on how to establish the institution of plea bargaining as Chinese Style , such as several basic principles for its establishment which should be adhered to , and based on this makes some personal viewpoints about the application scope , subjects approaches , effectiveness, etc. In the end it makes a primary research on relating institutional guarantee which should be established when China imports the institution of plea bargaining.