The Preliminarily Research On Transplantation Of Plea-bargaining Under "Lenient And Severe Combined Together" Policy

Through juridical practice and theoretic research for a long time, now our country's present criminal policy has been made in 2007.In this year the reports to National People's Congress from Supreme People's court and Supreme People's Procuratorate confirmed our country's present criminal policy is"lenient and severe combined together". The policy's main content is"insistent treatment differently ,punish the bad crime resolutely and severely","implement education,influence and saving guiding principle to those minors who is first offender,casual offender or negligent offender with light circumstances of the crime and subjective culpability of the mind""convicts is worthy of lenience should be mercifully punished","lenience not means giving bounty out of law ,severe not means punishment without limited that means punishment should be lenient and severe combined together and be worthy of the crime, according to the concrete case and be pursuant to the criminal code of china,criminal procedure code of china or other related criminal law, strictly".Under such criminal policy the former criminal policy which emphasizes severe punishment of bad crime one-side has been changed. On the base of such change the present criminal policy improve the lenience to the light crime that pervade the spirits of the criminal code of china such as suiting punishment to crime , presumption of innocence ,doubtful crime in favor of the defendant.Such"lenient and severe combined together"criminal policy caused widely argument in the field of law as soon as its present .The argument hot point is how to apply the criminal policy being advantage to the people and the country .Its well-known that only the"lenient and severe combined together"criminal policy is under the present criminal law system ,such criminal policy is valid.But it is obviously the present related law of china can not support the"lenient and severe combined together"criminal policy effectively because of their legislation background and legislation spirit especially to the criminal procedure code of china ,how to make a procedure to guarantee the lenient and severe combined together is a complicate and realistic problem facing to us.But we are glad to see the revision of the criminal procedure code of china had been arranged to the legislation arrangement of National People's Congress. All kinds of legislation suggestion had been submitted. In these submissions the point of plea-bargaining system transplantation to china under the"lenient and severe combined together"criminal policy is worthy to debating.The thesis approaches the possibility,necessity of plea-bargaining system transplantation to china and the related concepts renovation ,from the theoretical and practical angles.The thesis analyses the background and policy supporting point of plea-bargaining system transplantation to china from the angles of the original theory source and the background of"lenient and severe combined together"criminal policy.After that the writer leads out the instancy of the renovation of criminal procedure through the analyses of the weakness of the former criminal policy. And after introducing the principle,character, classification of plea-bargaining writer indicates the similar value of the"lenient and severe combined together"criminal policy and plea- bargaining. On the base, writer argue the judicialize of the"lenient and severe combined together"criminal policy .Points out the necessity and instancy of the plea-bargaining system transplantation to china. Writer talks out his own point about the revision of the criminal procedure code of china bases on the juridical practice and according to the theory of the plea-bargaining. And research the impossibility of plea-bargaining system transplantation to china on legislation preliminarily.