Reflection On Chinese Introduction Of Plea Bargaining

Plea Bargaining system originated in America, abundantly in the US and then by the world of many countries on transplantation, including some civil law countries. Plea Bargaining in China has been the theory are the topic of academic discussion until April 19, 2002 China's "first case of plea bargaining," the birth of the country in an uproar. Jurists or praise or accuse. Supporters argue that plea bargaining closing fast, efficient and conducive to the resumption of the defendant to correct and return to society; Opponents consider plea bargaining in direct contravention of the principle of presumption of innocence and destroyed the statutory crime, the crime and to adapt the principle. Plea-bargaining is not only in China, in other countries has been fierce denunciation, censure and sharp criticism, but it still has to maintain vitality. Accompanied by the pros and cons of plea bargaining is a system, we should select the profits and avoid the harm. Author from a case of departure to explore plea bargaining system abroad, followed by analysis of the introduction of the necessity and feasibility of plea bargaining, and the establishment of Chinese-style plea bargaining offer some suggestions.Article is divided into four parts:Analysis of the first part of "China's first case of plea bargaining," raises the subject of plea bargaining; the second part of the main foreign introduction of plea bargaining system, from the concept of plea bargaining, value orientation, the main rules, the system of plea bargaining system on the environment and the evaluation of several aspects discussed; the third part of analysis of the introduction of plea bargaining the need and feasibility; fourth part of our country into the introduction of plea bargaining put forward some suggestions, including the use of plea bargaining the case of the scope, see the main body of Plea Bargaining and Plea Bargaining content, procedures, and supervision mechanism.