Disscuss Plea Bargain And Construction Change And Defense Consultation System In China

Plea bargain System is a special public prosecution system and a criminal cases easy proceduce which originated from America Criminal Suit interrogation procedure. It mainly includes:Consultations and negotiations that have been done for defendants in the problems of declaring guilty and reducing Penalty between accusing party(public procuratou) and defensive party(defendant, defense counsel) before the court opens. When the defendant gives a certain satisfactory answers to the questions which the public procurators ask,According to the concrete conditions of the case. The public procurator will decide to reduce the quantity of charging, lower the quality of accusing guilty or put forward some suggestions for the court to reduce penalty. After the judge learns the truth and voluntary of defendant' s admitting guilty reply. They will be declared guilty directly based on accusing without opening the court.Accoding to the record, Plea bargain System was on secretly at first.After the Second World War, because of the increason of the criminal cases and the limitation of the judicial resources , Plea bargain System have been used more greatly. Now, about 80% to 90% of criminal case are done by Plea bargain. Tow main legal system in the world, Britain, Canada, Germany, Italy, etc, have done different feature of Plea bargain practice to different extent in the Course of CriminalSuit, and each of country has established their own Plea bargain System through criminal suit legislation.In the article, the author analyses the origination, development and the reasons of the Plea bargain and discusses its values,which embody: incarnate the procedual notion of party ; independent discretion of the procecutors; loosen the conflicts between the overstock of criminal caseload and finity of judicial resources;as far as value orientation is concerned, it is of thick pragmatism. The author uses dialectics and comparative methods operate the plea bargain not only in above countries but in China, and puts special emphasis on the possiblity and reality of using Plea bargain in the western countries , concludes that there are room for transplanting Plea bargain system to China on the basis of legal theories and practices. At same time,there are a little bit imperfect about the practices of Plea bargain in Chinese criminal litigations, therefore, some problems should be solved before the contruction of rules of Chinese criminal procedure, which include : strengthening the procedual notion of actors;improving the speciality and the protession of judicial field;constructing the system of discretion power and suggestion power about the defendant' s sentence ;strengthening lawyer' s actions in the judge procedure. At last, the author put forward some suggestion for setting up a charge and defense consultation system that is fit for the conditions of China and for the law of Crimianl Suit.