Plea Bargaining

The thesis analyzes the problem of Plea Bargaining transplant in modern China via the Linguistic Environment Theory."The transplant" has become nearly one kind of ideology of Chinese legal modernization in our modern country. The people of "The transplant" hold the idea that law has the basic value that is universal and surmounting space and time, thus we may adopt to the western modern law in "the principle of bring" when constructing the modern legal system of our country. Many people have lost for a long time in imagination of "the legal transplant" modernization. The success of Plea Bargaining in western nation has also stimulated the imagination of the criminal prosecution modernization in our country. In fact, this kind of imagination has camouflaged the power of vitality of our own system resources.Plea Bargaining is one kind of the criminal prosecution practices, that originated in America and has universality and practical efficiency. This is a measure settling a lawsuit, which adopts to transaction and consultation to solute the problem of criminal prosecution pressure and judicial delay. its primary intention is in exchange for acknowledging guilt of accused person through punishment concessions of judicial organ to simplificate the legal procedure and enhance the lawsuit efficiency.The thesis has a conclusion through pectinating the historical evolution,the system role and the rationale of Plea Bargaining, that important linguistic environment factors which help Plea Bargaining originate and operate effectively are the philosophy of pragmatism,the culture of freedom of contract,the legal system resources of the resistance type lawsuit and the value for justice and efficiency of litigation.China has not fully had the essential condition about system, condition, and cultural for Plea Bargaining to exist and develop via the Linguistic Environment Theory , therefore it is not suitable for China to introduce Plea Bargaining now. Chinese system resources may meet the problem such as lawsuit efficiency in the judicial practice at present, do not need to introduce a new Plea Bargaining. Besides, the success of Plea Bargaining in America do not inevitably prove that it is certainly effective also in China.The true law is not the formulation in the statute book, But is sowing seeds in the mind of nationality. Such legislation must conform to the public sentiment, not fully rely on the transplant, and finally return to the civilized tradition of nationality. We should fully use and consummate Chinese system resources at present to satisfy the judicial practices. In this process, we should hand profits from western system civilization, at the same time, fully display our imagination to explore and mold a new judicial system to adapt the development future through using Chinese native resources.