Research On Contract Concept Of Plea Bargaining

Plea bargaining is criminal procedure system with its unique characteristic in the USA. It is rooted in the notions of litigant principle and legal procedures, and implemented under the condition of widespread discretion of public prosecutors. It is in conformity with the longing of the litigants for solving the disputes as soon as possible and complied with the international major tendency to make rapid processing to the crime suspects. It has been adopted by many nations for its reasonable essence. There are also manifests in our country's judicial practices, although its institution essential factors are insufficient. From the origin and development reasons of plea bargaining system, it has represented a kind of contract spirit, which agrees with many-sided society. This also is the basic reason why this system grows healthy and strong nowadays in the US, and spreads to many other countries.Although the law culture tradition of China is different from that of western countries, the law-governed environment has its own characteristics. Because the criminal procedure system in New China has only been constructed for a relatively short period of only several decades, comparing to the complete procedure law system of western nations, many stipulations in our country criminal procedure appear to be too general and abstract, and there are also some unreasonable and imperfect places in our system structure. But after implementing of reform and open-door policy, our country has obviously sped up the steps in legislative work and accelerated the fusion between legal systems with people's idea renewing unceasingly. Benefiting from plea bargaining system of western countries, China has certain theoretical and realistic foundation to construct its own criminal procedure negotiation system.In view of this, through the discussions on theories and practices of plea bargaining system, the author intends to make values and goals of plea bargaining system clear. The author has conducted a comprehensive research and finally proposes to construct plea bargaining system in China on the basis of legislation experiences of overseas plea bargaining systems. The text is divided into three parts besides introduction.Introduction: At present the domestic theorists and practice departments have showed their attention to plea bargaining system and many questions are put forward.In Chapterâ… the thesis explains the concept and basic characteristics of plea bargaining system. Using the comparative analysis method the author lists the similarities and differences between American and Italian plea bargaining system, which provide experiences for our country from the Italian type. This chapter puts the emphasis on analysis of theoretical paragenesis foundations of formation and development of this system: foundation of pragmatism philosophy concept, of highly-developed contract concept, of litigant procedure structure system as well as the silence power and evidence open to public system. This chapter also conducts the research to show insufficiency of this system itself and has provided the omni-directional perspective for us to understand this system much better.In Chapterâ…¡through thorough analysis of contract concept which plea bargaining system itself contains, plea bargaining system not only manifests satisfactions between main litigants, but also urges to control debates of both sides to achieve mutual benefit, as well as to meets one's satisfaction with the mutually beneficial safeguard mechanism. To reveal contract concept is the important theoretical foundation of origin and development of plea bargaining system. Moreover it explains all the content of the contract concept which plea bargaining system itself contains. This chapter also illustrates the unique judicial function of contract concept in plea bargaining: advantages in the procedure dispute solution, reinforcement in judicial certainty, response to modern criminal law spirit and implementation of human rights concept and democratic spirit.Chapterâ…¢is the main body of this thesis: establishing a plea bargaining system in China with Chinese characteristics. Firstly the author elaborates the necessity to establish a plea bargaining system in China at present stage: to enhance efficiency of the lawsuits, to realize relatively fairness, to implement criminal activity policy, and to maintain rights and interests of victims; Secondly the author illustrates feasibilities to establish plea bargaining system in China. Theoretical basis: re-recognization in fair value; trial pattern: gradual introduction resistance-style procedure structure; practice foundation: beneficial attempts on plea bargaining system, overseas experiences: support from "Italian-type plea bargaining". Thirdly, rational analyses are made on existing barriers in introducing a plea bargaining system to China at present stage. Finally a reasonable design is put forward to establish a plea bargaining system in China. In this chapter, detailed elaborations have carried out on application scope of law cases, unanimous approval role for four related parties including criminal victims, bargaining content confirmation, establishing judicial examination procedure of judges and relief mechanism of illegal bargaining in establishing Chinese plea bargaining system. As to application scope of the cases, the author makes real diagnosis inspections on the criminal cases of Chizhou City, Anhui Province in recent years, and proposes that the scope of application might be set at "below 3 years term of imprisonment at the minimum". The end of this thesis also elaborates establishing and perfecting the plea bargaining system.