| The plea bargaining is also called plea negotiation or the plea agreement, which refers the agreement between accuser and defendant in the course of criminal prosecution about the criminal responsibility that the defendant should take; meanwhile, other scholars also believe that it refers to the negotiation and argy-bargy about conviction and punishment of defendant made by inquisitor and counsel before the course holds the course and the actions done by inquisitor of getting the criminal debate for defendant by reducing the accusation or giving the suggestion to the court about reduction of the punishment. However, the system of the plea bargaining are different in different countries and its concrete establishments are different even in each state in the United States, therefore, there is no uniform, accepted and general definition about it. The author believes that the plea bargaining can be defined as the judicial system notarized by judicial apparatus concerning the agreement between the inquisitor, who plays the role of accusing and defendant about the criminal responsibility that the defendant should take according to the principle of voluntary participation in the course of criminal prosecution.Indubitably, the system of the plea bargaining is the great contribution of American law to international criminal prosecution. This system was carried out by each states in the Untied States after began in Untied States in nineteen century, and then it was admitted by Federal Supreme Court, which represents the jurisdiction of separation of 3 powers by the form of precedent, and finally it became one of formal system of litigation by being listed in the code of law. During this time and later, the system of the plea bargaining had grown beyond the borders of countries and law system and was introduced by other countries by almost the same manners with strong life-force. However, since there are many differences between the system of the plea bargaining and traditional patterns of criminal prosecution, some theorists try to praise it, but other theorists try to belittle it; therefore, as opinions vary, no unanimous conclusion can be drawn. In this dissertation, the author introduces and compares current the system of the plea bargaining in relevant countries and explains the theory backing and value of this system in order to explain some reasons of this.Nowadays, the legal reform which China try to promote also takes pursuing justice and efficiency as ultimate purpose; in practice, with the high-speed economic development, we also face the disadvantage situations of the oppression of judicial branch increasing, the period of litigation extending, efficiency of litigation decreasing and cost of litigation increasing, so it is necessary to introduce the system of the plea bargaining. In this dissertation, the author discusses the rationality and feasibility of introducing the system of the plea bargaining by comparing this system with parts of Chinese current criminal justice policy and system; moreover, basing combining with legal practice in China, the author puts forwards his ideas about how to establish the criminal justice system with distinct Chinese characteristics.This thesis is divided into three parts and about 20000 words.In the first part, it is introduced to the origin and development of the system of the plea bargaining in the thesis. Firstly, it is introduced to the different definitions of the system of the plea bargaining according to different theorists as well as his own definition of it. And then, it is about the emergence, development and actual application of this system in the United States, and emphasizes some relevant issues concerning the actual operation of this system by American law for solving actual cases. At last, it is described developing situation to the system of the plea bargaining in other countries, the system of the plea bargaining, and take Britain, Italy and Germany as examples to introduce the basic modes; moreover, compared these basic patters with that of United States.In the second part, it is explained theory backing and value of the system of the plea bargaining. Firstly, basing on the basic modes for the system of the plea bargaining in each country which had introduced in the first part, it is discussed on the necessary theory for the emergence, development and improvement of this system concerning from the aspects of system, culture and thinking in order to seek for the root of the strong life-force of this system. And then it is discussed on the value of the system of the plea bargaining from three aspects of respecting human, emphasizing carrying out just and emphasizing pursuing efficiency; moreover, the author also explain its value from two aspects of its positive role of carrying out relative equity and individual equity in judicial practice.In the third part, it is tried to explain the relationship between the system of the plea bargaining and Chinese judicature clearly. Firstly, it is briefly introduced to the basic situation in the first case of the plea bargaining in China, and then deeply compares the system of the plea bargaining with parts of Chinese current criminal and judicial polices including comparing the system of the plea bargaining with the policy of to be lenient with those who confess and severe with those who refuse to and the system of hearing the criminal case by digesting common procedure which has been carried out in judicial practice. Secondly, basing on the comparison above, it is raised that the necessity of introducing the system of the plea bargaining in China, namely, establishing the system of the plea bargaining is contributed to save judicial resource and improve legal efficiency, carry out the criminal justice policy of to be lenient with those who confess and severe with those who refuse to further, show democracy of criminal prosecution and maintain right of criminal and protect the rights and interests of victim. And then, it is expressed on the feasibility of the system of the plea bargaining in China from the aspects of system base, living space, orientationl development, idea of legislation and support from government. Meanwhile, the author gives some response to these opinions of opposing to introducing the system of the plea bargaining by China. Finally, basing on fixing the value orientation of establishing the system of the plea bargaining with distinct Chinese characteristics, it is put forwards that the system of the plea bargaining of China should include precondition of system, conditions for application, scope of application, main body of those participants, essential conditions and mechanisms of monitoring, etc.
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