| Plea bargaining is a kind of criminal litigation institution created and prevailing in US. It is also a special trial procedure in many countries. The litigation efficiency represented by plea bargaining can be used for reference. We should recognize its rationality and inner value and definitely ratify it by legislation. At the same time, necessary rules should be made to avoid the sacrifice of judicatory justice caused by it. Our goal is to establish the plea bargaining system suitable for our country. On this subject, this paper discusses it on four aspects as follows:I．The outline of plea bargainning institution.Plea bargaining, also called plea negotiation or plea agreement, is the consultation and bargaining about the crime and the measure of punishment of defendant between the procurator and defendant(usually through counsels). During the litigation, procurators negotiate with defendants out of court to cause the guilty answer of defendant with terms of reducing the number of charged crimes, lightening charged accusal and punishment. If the agreement of both parties is accepted by the court, the judgement will be the same as the content of the agreement. There are three characters of this institution: an agreement has been reached between both parties; the premise is the accepting of charged crimes by defendants; the intent of defendant is to gain lightened convictions and measure of punishment by the accepting; if the court accepts this agreement, the criminal case will be ended without the even legal procedure.The first appearing of plea bargaining was in the middle of 19th century in US. As the mother country of this system , plea bargaining institution of America has its own character,and the thesis expounds the problem especially Now, it is broadly adopted in the judicatory procedure in US. According to the author's points, there are primarily four reasons: firstly, the concept foundation of plea bargaining established by the highly developed concept of contract; secondly, the request of the concept of focusing on the parties'will; the certain choice to realize the interests of both sides to the largest extent guided by the concept of pragmatism; the solution to the problem of lack of judicatory resources and the request to lessen the overstock of cases. Presently, this institution has been a kind of practice all over the world. As many civil law countries are carrying out the practice of bargaining, we can gain a lot of valuable theories that can be used by us to establish our plea bargaining institution for reference. For example, in Italy, the regulation, "the procedure based on the request of both parties for adoption of punishment", restricts the adoption of plea bargaining to a large extent. II．The feasibility and necessity of the establishment of plea bargaining institution. In this part, author expatiates the feasibility and necessity of the establishment of plea bargaining institution on three aspects: the foundation of practice; the analysis to the advantages and disadvantages; necessity. According to the current condition of criminal judicatory, there are the objective request for plea bargaining and some measures with the characters of plea bargaining in certain conditions in our country. Then, a good many obstacles that we must overcome during the establishment of the institution are analyzed with great attention. Author points out that as a way of dealing with cases, it has both merits that are absent in the due form and limitations. If the setting or implement of it is not proper, the disadvantages will prevail the advantages because of too much cost. We must be cautious about the suitable affirmance and control of plea bargaining, especially with the acknowledgement of current condition of criminal judicatory institutions in China and the need for the enhancement of the quality of the staff of judicatory.III．The theoretic premise of the establishment of plea bargaining. Firstly, to establish the plea bargaining institution with chinese character, we sho...
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