The Analysis Of Justice And Efficiency Under Plea Bargaining

Plea bargaining is a mutual compromise of the prosecution and the defence of the system, this system has been mixed. As China's penal reform continued to deepen, the theoretical study of plea bargaining has been constantly strengthened. Justice and efficiency are the two basic values of law in particular in the field of research by the operation of the law. In the field of criminal law plea bargaining will reflect the two values and protect them.This article has been divided into three parts to study plea bargaining under the justice and efficiency:The first part introduces the historical development and theoretical content of the plea bargaining system.Plea Bargaining found in the bill initially was in the Renaissance period. Plea Bargaining in the United States was used in practice a lot in the 1930s. Plea Bargaining can be summed up in the following external notable features: First, plea bargaining, including the main accused and the Prosecutor both sides. Secondly, the two sides in the plea bargaining fight for each. Third, the main parties'statuses in plea bargaining are equal. Fourth, the defenders in the process of plea bargaining played a key role whether the two sides reached a "deal".Plea bargaining'classification include: consultations in accordance with the different elements can be divided into complaints plea bargaining negotiations, consultations and sentencing counts consultations, this is also the most basic classification of plea bargaining. According to different types of cases can be divided into plea bargaining express and implied transaction two transactions. The second part of the plea bargaining under the just and efficient conduct a detailed analysis and discussion.Under the plea bargaining, we can be understood in the following aspects for a fair: First of all, plea bargaining by improving the efficiency of the proceedings to protect criminal justice. Loss of efficiency is just the negative value of the efficiency, and low efficiency of the low value of the fair is fair. Second, plea bargaining by the parties to balance the interests of achieving real justice. Third, the plea bargaining through the equal protection of the interests of justice. Is not equal protection for all cases of absolute laissez-faire. Because of litigation resources and limited capacity to understand and pursue cases of justice should not be too absolute. Excessive pursuit of justice cases of obstruction of justice will prevail. Fourth, plea bargaining by promoting the spirit of democratic self-government to achieve justice. Fifth, the plea bargaining by promoting the concept of freedom of contract to promote the fair. Freedom of contract is that the characteristics of equality, voluntary, mutually beneficial, as well as consensual sexual integrity, and the emergence of plea bargaining is the concept of freedom of contract in the field of criminal justice reflected in the important and reflected.Under the plea bargaining for the efficiency of this part of plea bargaining in the first on the economics of the essence and meaning. Plea Bargaining and then on to game analysis. Plea-bargaining system is actually the prosecution and the defence do not choose to "confrontation" but choose "cooperation", "cooperation" of the process beneficial to both sides to make a strategic choice for their "game" and makes the case is resolved. By then the main benefits of plea bargaining plea bargaining to explore the cost and efficiency of judicial equity.The third major part of the plea bargaining is under the contradiction between justice and efficiency.Any one system can not be absolutely perfect. Plea-bargaining system which is also in the practical operation as a "double-edged sword," likely to bring some criminal negative impact, or even to pay a heavy price for it. Specifically, the main part of the plea bargaining and "criminal responsibility for the crime line" principle of the conflict; plea bargaining and "the presumption of innocence" principle of the conflict; Plea Bargaining and the legitimate rights and interests of victims of conflict; plea bargaining with the case of justice Conflict.Plea-bargaining has the inherent value with positive and negative effects, but we can not just view on its possible negative effects of a shake the foundation of the judicial threat to exclude it entirely, or even deny its good side. We should strengthen the research, and constantly improve the system to enable it for our judicial reform play a role. We have to understand, transplanting a legal system must take into account China's specific national conditions, China's inspection of its own need for the growth of soil and the environment. Although China and the United States either in reality or in the cultural traditions of the system level, there is a big difference, but it does not necessarily mean that plea bargaining system to bear fruit in China. Hope that this article of the analysis of plea bargaining under justice and efficiency, for the introduction of plea bargaining in our country, contributing to the development and improvement .We also hope that the development of China's Criminal law will climb up to a new level.