On The Plea Bargaining System

With the increasing crime rate, the long pending cases have been the problem that many countries in the world are facing. How to improve the lawsuit efficiency to deal with the growing numbers of criminal cases, which has been the problem solved urgently. And the plea bargaining system,its efficiency value being regarded as the core value, which can help us solve the problem better. Because of"the first practice of the plea bargaining"succeeding in China, which causes the author to think it over. In the thesis, the author outlines the plea bargaining system, makes a comparative study of the system, explores the necessity and feasibility of introducing the system into China and brings forward my suggestions about establishing the system in China.The thesis is divided into three chapters.In the first chapter, the author outlines the plea bargaining system, including its definition and characteristics, its origination and development and its analysis of advantages and disadvantages. Based on its definition and characteristics, we get to know the plea bargaining. In a criminal case, the charged, with the help of his attorney, negotiates with the prosecutor and reaches the agreement accepted by the judge. In fact, the things being similar to the plea bargaining already emerged long ago in the human history of legal development. However, the modern plea bargaining originated from America in the nineteenth century, by means of which to deal with the criminal cases was convenient and quick, so the lawsuit efficiency was improved largely. Therefore, it was gradually accepted in the legislation, and eventually became a judicial system of America. At present, it is widely put into the judicial practice in America, and is introduced into other countries. Then, the author expounds its advantages, namely, its efficiency value, its justice value, and its representing the democratization of criminal suit. In the following, the author expounds its disadvantages, which can conceal the truth, allow the justice principle of"the same situation the same treatment"to be achieved difficultly and harm the benefit of the victims. Based on the analysis of its advantages and disadvantages, we are aware of, where its advantages are and where its disadvantages are. This can enable us to absorb its advantages and remove its disadvantages in the course of introducing it into China.In the second chapter, the author makes a comparative study of the plea bargaining. Through introducing the plea bargaining in the Anglo-American law system and the continental law system briefly, we have a rough understanding on the plea bargaining of America, England, Germany and Italy. Then, the author compares the plea bargaining of America with the plea bargaining of England, Germany and Italy. We find, the above three countries introduce the plea bargaining from American, not simply copying it, but reforming it in various degrees according to these own specific conditions. This also provides a useful reference to us to introduce the plea bargaining into China.In the third chapter, combining the specific conditions of China, the author discusses the practice and prospect of the plea bargaining in China. On April 11th 2002, Mudanjiang railway transportation court of Heilongjiang province adopted the plea bargaining to judge a criminal case, which was ended within twenty-five minutes. The case is the first time that our judicial organs, by way of negotiating with the defendant and reaching the agreement, sentence his crime and penalty, so it is considered as"the first case of the plea bargaining in China". From a practical point of view, the author analyzes the successful application of the plea bargaining in the case and thinks it is a useful attempt with innovative ways to improve lawsuit efficiency. Linked to the current, we are in the stage of social transition. The contradiction between the increasing crime cases and the limited justice resources becomes sharper and sharper. Under the background, it is more necessary to introduce the plea bargaining to improve lawsuit efficiency. In the following, the author expounds the necessity of introducing the plea bargaining from the following aspects. It is the need of raising lawsuit efficiency and economizing judicial resources, promoting the democratization of criminal suit, putting the criminal policy of"to tell the truth and to receive lighter punishment"into practice and protecting the interests of the victims better. Then, from the following aspects, the author testifies the feasibility of introducing the plea bargaining under the specific conditions of China. The change of the sentence way provides a system platform for introducing it. The preliminary formation of the defense and agent system makes necessary preparations for introducing it. The facts of the plea bargaining have existed in judicial practice, which allows people to accept it more easily. The changing social concepts contribute to introducing it. The establishment of the unified justice examination makes personnel preparations for introducing it. From"the first case of plea bargaining in China"being sentenced successfully, we find the realistic basis of introducing it. Based on the former discussions, the author refutes the argument from the opponent. Then, the author makes the conclusion that it is feasible to introduce the plea bargaining into China.Finally, the author brings forward some suggestions on establishing the plea bargaining system in China. In the process, we should act on the attitude of"making the foreign things serve China", approach gradually, combine the plea bargaining with the specific conditions of China, fully absorb its rational kernel, scientifically localize reformation and establish the plea bargaining system with Chinese characteristics. At the same time, in order to overcome its shortcomings, we should conform to the following principles. One is voluntary. Two is appropriate limitation. Three is the judicial inspection in the procedure and entity. Four is four parties is in accordance. In the end, the author assumes the plea bargaining system of our country from the following aspects, which contains the scope of application, the condition of application, participants, the range of decreasing charges and penalties, judicial supervision, the sufficient help from attorney, and remedy mechanism.