Study On The Introduction Of Plea Bargaining To China

Plea bargaining originated in America in the nineteenth century. Cases hoarding and low sue efficiency helped to develop plea bargaining in the United States. With the reasonable elements of antagonism system in America and England absorbed in countries of civil law system, plea bargaining was transplanted to these countries, among which German Italy became leading exponent in this aspect. 1n view of the development of plea bargaining in all countries of two law systems, difference of law tradition affects attitudes to plea bargaining, thus revelant different regulations came into being. Most countries of America and England law system adopt the practice of custom law to support and promote the practice of plea bargaining. At the same time, countries of civil law system emphasize to stick to statutory law and show prudent attitudes to practice of plea bargaining range and justices' guiding of plea bargaining.In fact, arguments about plea bargaining have never stopped since plea bargaining originated. America is a typical case in this aspect. The legitimacy of plea bargaining exists in four aspects as following: First, the combination of vigorous growth of doctrin of prosecuting discretion and enlarged human rights of defendants. Second, continuous pursuit to efficiency of criminal action. Third, to move from traditional justice towards modern justice. Finally, to simplify criminal action procedure.Based upon criminal justice practice of our country and successful experience of the developed countries, such as America, Britain and Germany, the thesis brings forward that our criminal suit should transplanting. It also analyzes and studies its necessity and possibility, demonstrates legitimacy on value and feasibility on institution, and according to criminal policies establishing plea bargaining system which suits the situation of our country. Under the law environment of fermenting the emendation of code of criminal procedure in our country, the innovation of the thesis is:when introducing into plea bargaining and designing the specific system, it absorbs the reasonable essence of criminal and amicable settlement system of People Procuratorate of Hunan Province to strengthen the practice pertinency and maneuverability of plea bargaining system.