The Legal Principle Transplanting Analyse The System Of Plea Bargaining

The true meaning of laws is to guide free and wise people to seek and enjoy their legal rights, instead of to impose restrictions and regulations on them.Effective crime control and full protection of human rights are what criminal justice administrations pursue, and in modem criminal suits, justice and efficiency have become the essential and indispensable goals of values. Being the eternal theme of criminal procedures. Justice is being realized and reinforced by different countries through making suitable and scientific processes. However, the contradiction between the continuous rising of criminal cases and the relative inadequacy of judicial resources is becoming undoubtedly one of the urgent problems to be solved in today 's penal actions. It is safe to say that how to effectively coordinate the conflicts between justice and efficiency is a pending issue for the law enforcement sectors world widely. Facing this question, many countries adopt the streaming approach-to divide the cases into different groups according to their complexity, to simplify the processes of certain complicated cases, and with limited judicial resources, to close as many criminal cases as possible, and ultimately, to ensure that both justice and efficiency-the two goals of values-to be realized and achieved at the same time.Plea bargaining means that the criminal case is before holding a court consulting as the counsels of interests of the accusing party's defendants of public procurator, cancel and accuse with accusing party of, downgrade accusation or require judge sentence gentle penalty as the terms to gain the pleading guilty and replies of the defendant, thus gaining the ends for achieving and improving lawsuit efficiency, economizing the judicial cost, ensuring defendant's rights and interests. Plea bargaining system sprouted in the 19th century, approved and won legitimacy in the seventies of 20th century by Federal Supreme Judicial Court U.S.A. It has become a practice that popularizes far and wide nowadays; occupy the main already position in the criminal judicial system. Plea bargaining is a system different from the ordinary judicial procedure presented in order to improve lawsuit efficiency and economize input because of U.S.A.'s high crime rate long-pending case aggravates and judicial procedure the reality that the criminal are tedious and consume the enormous drawback. Plea bargaining system has not been stopped being disputed from day of its birth. But because it had no appeal that could be recognized, it obtained flourishing vitality promptly as soon as it came out. And it is practiced in many other countries and regions in the world far and wide.Any legal system all has societies and cultural environment pregnant with its growth. It is exactly different environment of societies and culture has molded an inherent operation mechanism with unique system, and through preserving the operation supporting this system actively of external environment condition, Equal of U.S.A. party doctrine confronting with each other lawsuit, what jury try cannot value orientation and lawsuit idea not anticipated, which form the inherent mechanism of [lea bargaining system.Plea bargaining has reflected that the reality from entity's justice, procedure justice to form justice of purpose of the lawsuit is changed. Its vitality comes from in just to lay high degree hold very to efficiency while being preferential. And Plea bargaining here has positive meaning in the idea reflected of the swap, namely the face-off between the government and individual is not implacable. It can be solved through the negotiation mechanism containing the equal value idea; this is the just representation of democratization development of criminal suit.The sharp contradiction exists too at present in China of soaring day by day of the quantity of case and the insufficient seriously of judicial resources. And after our country joining WTO, the efficiency question of the lawsuit will be outstanding increasingly. In order to solve this problem effectively, I think we can draw lessons from the western advanced judicial system rationally. While legal system is modernized, the west has accumulated more experiences and lessons as the forerunner. They have set up series of modern judicial system frame that has already proved effectual. It could be a shortcut of transforming our country's current judicial system by studying from the western country governed by law and drawing lessons from its advanced system design.For this reason I think Plea bargaining system hast heir positive reference V meanings to the reform of the criminal contentious procedure of our country by way of overall research, discussion for effectively improving lawsuit efficiency and Plea bargaining environment that system can produce, inherent mechanism and advantages and disadvantages carry on. Our country can draw lessons from the rational kernel of Plea bargaining, the state that judicial practice and legal system of combining our country development and set up Plea bargaining system with Chinese characteristics.