On The System Of Plea Bargaining And Its Establishment

Plea bargaining, also called defense negotiation or defense agreement is a criminal system sprung up in America in the 1960s and 1970s. It is a way of prosecution before the trial under the approval of the court (the judge). In its procedure, the public prosecution organ (the public prosecutor) and the accuser (and his defense lawyer) negotiate for the confirmation of criminal responsibility and punishment (including the types, degree and way of execution). The public prosecution organ offers suggestion to the judge to commute and the accuser makes guilty defense. Plea bargaining meets hardship since its appearance, but it gradually develops into an important component in the criminal prosecution of Anglo-American law system and continental law system. There is no plea bargaining in the criminal law of our country, however, some criminal legal systems and criminal policies contain the factors of plea bargaining. For instance, Suggestions for the Trial of the Case in which the Accuser Admits Guilty in General Procedures (an experiment) initiated by the Supreme Court, the Supreme Procuratorate and the judicial department on Mar. 14, 2003 and Suggestions for the Trial of Public Prosecution Cases in Summary Procedures. The two documents stipulated procedures for the cases in which the accuser admits guilty in certain extent in general procedures and summary procedures. In April 2002, when the court of MuDanjiang railage tried the case of the injury of WangYujie, approval is made to the application of the public prosecution organ for plea bargaining. And the case was concluded 25 minutes after session. In legal theories, this method lacks foundation in our present laws, but it appears in the criminal prosecution of our country. Is it legal? Should it be promoted in the criminal system of our country in the near future? Can it in line with the legal culture of our country?Although plea bargaining is borrowed from foreign countries, in the process of judicial reform, careful thinking and analysis of the system of...