Legislation Pondering Of Drawing Plea Bargaining System In China

Plea bargaining, or plea negotiation or plea agreement, it is an activity that prosecutors and defense lawyers hold consultations and bargaining on defendant's conviction and penalty. And prosecutors proposed for plead guilty of the defendant before the trail court by reducing charge or penalty.In the study and exploration of this system, different scholars have their own views. Currently, some scholars endorse the application of plea bargaining in trail proceeding. But others do not. In nowadays of our country, there are different opinions about whether we should and can draw on the experience of the United States, or not. They are agreement, disagreement and agreement but not to do now. Transplantation of a legal system is very serious. So before drawing the conclusion, it must be carefully studied, analyzed and inspected. Meanwhile, it should be connected with Chinese current judicial. How to regulate the current practice and make it into institution? We need to have an objective understanding of the system of plea bargaining, and analysis whether there are related situation in our country now. Therefore, the author try to make some more systematic exposition , weigh the advantages and disadvantages and explore the rational kernel of the system of plea bargaining. Based on the domestic "Plea bargaining in the First Case" and the similar practices of plea bargaining, we can build a Chinese-style system of plea bargaining.There are four main parts in this paper, they are:The first part is the profile on the system of plea bargaining. First, define the concept of plea bargaining and analyze its composition elements; Then, outline the history of plea bargaining system, including the creation, development. By introducing the type of plea bargaining, the subject of plea bargaining and its main rules, we can get a better understanding of the system of plea-bargaining in the specific operational procedures.The second part discusses the theoretical basis and its advantages and disadvantages. Firstly, make a research on the basis that plea bargaining is able to establish and develop, including in the aspect of culture, philosophy, jurisprudence and system basis. Secondly, analyze the relationship between plea bargaining and democracy and autonomy, and justice and efficiency then cone to reasonable value of democracy and efficiency in criminal procedure. Finally, discuss the negative votes on the plea bargaining system evaluation and review the problem.