The Feasibility Analysis Of Transplanting Plea Bargaining System

As a primary method of disposing of criminal cases in America, Plea Bargaining plays an important role in the criminal procedure. Despite these criticisms, Plea Bargaining has been accepted by many countries with the increasing number of criminals, including some countries which have Written Law had transplanted Plea Bargaining in some instantance, The criminal procedure of China is becoming more exquisite, and the main problem is the transplantation and localization of the reasonable institutions in Common Law System. There're lots of academic articles discussing on plea bargaining. Some scholars who advocate to introduce Plea Bargaining into criminal procedure domain speak highly of this system, however, they're relatively short in a further observation on judicial practices in China. Plea bargaining is a project closely related to the system environment. It's an extremely complex system project whose construction depends on the cooperation of other systems' function. I think it is necessary to discuss on the feasibility of transplanting plea bargaining and to make out what are worthy learning in line with the national conditions of our country.To the title of The Feasibility Analysis of Transplanting Plea Bargaining, this paper will discuss this problem in five chapters:Chapterâ… : To start with the legal concept of plea bargaining, discusses the differences between plea bargaining and other summaries, and pave the way for development of this paper.Chapterâ…¡: To elaborate the present situation and future development of plea bargaining abroad mainly in USA and Germany, and make out something useful for China as reference.Chapterâ…¢: To present a rational interpretation of plea bargaining by the method of Game Analysis of economics in order to make a deep analysis of the advantages and disadvantages of this system.Chapterâ…£: To raise several questions about the limitations of plea bargaining on the basis of the overview on the rationality of the development of plea bargaining system, and to systematically elaborate its advantages and disadvantages. Chapterâ…¤: On the basis of the above-mentioned contents, to discuss that at current stage, the transplant of plea bargaining system in China should be held up in line with China's national conditions and judicial practices. We should select the essence to make a graft and a good localization.