A Study On The Feasibility Of Introduction Of Plea Bargaining System To China

Plea Bargaining was constituted in the United States in the 19th century, and it plays an important role in the American juridical practice. Meanwhile, the controversy on the plea bargaining is never stopped since it was constituted. Plea bargaining is good for saving judicial resources and improving litigation efficiency. While on the other hand, some people argue that it does harm to the fairness and justice of litigation,. Although there has been controversy surrounding the plea bargaining all the time, but it has got tremendous growth in the midst of controversy. Not only the United Kingdom, but also those countries of continental legal system, such as Italy and Germany have learned from the plea bargaining of United States. China also has the need for judicial efficiency, and there is the heated controversy on the introduction of plea bargaining to China too. After analyzing the advantages and disadvantages of plea bargaining, on the basis of comparative analysis about the practices of plea bargaining in several countries, we get a conclusion that the introduction of plea bargaining system to China is feasible.The main structure of this paper is as follows:Firstly, the paper gives a brief introduction of the plea bargaining, then describes the advantages and disadvantages of plea bargaining. Through these presentations of the function of plea bargaining, it explains why it attracts people's attention. It also tells why we need to study this issue in the paper.Secondly, the paper tells the necessity of the introduction of plea bargaining to China. In China the lack of judicial resources is a fact, resulting in suspension in some cases and the backlog of cases. So we need to introduce the plea bargaining to China in order to improving the judicial efficiency, protecting the human rights better and updating the concept of criminal penalty and the value of criminal law.Thirdly, the paper describes the status quo of plea bargaining system in several typical common law and civil law countries, such as the United States, Britain, Italy, and Germany. After comparatively analyzing the plea bargaining system in those countries, we get some useful revelation. And we can provide a frame of reference for the demonstration of the feasibility of the introduction.Finally, on the basis of the demonstration in previous text, the paper focuses on the feasibility of the introduction of plea bargaining to China. This paper introduces the controversy on the introduction of the plea bargaining in China, then give a rebuttal to the negativism. At last it demonstrates the feasibility of the introduction of plea bargaining to China from our legal and cultural traditions, the reality of the legal system, the criminal policy, legal sources and so forth.