Establishing Distinguish V. Theory Of The Trading System And Thinking

Plea bargaining system is originated in the 1870s and legalized in the 20th century in the United States of America. Due to its flexible, effective way to quickly improve the efficiency and conservation of the resources or other advantages, plea bargaining system has soon been transmitted to the countries of anglo-american legal system, such as Britain, and spread its influence to the countries of continental legal system, such as Germany, Italy. Plea bargaining system has already become a practice that popularizes far and wide nowadays.There is no plea bargaining in the criminal law of our country. However, the aspiration of establishing plea bargaining system has been presented. In china's judicial practice, the Mudanjiang court in Heilongjiang province has successfully accomplished a trail by using so called'plea bargaining', which has also been praised as China's first case of plea bargaining. We should be fully benefit from the plea bargaining system of reasonable, absorb the essence, in our building to meet the aspiration of the plea bargaining system in China. From the analysis of the plea bargaining system of the United States of America, this paper focuses on representing the necessity and practicability in the establishment of plea bargaining system in our country, and providing some reference to this China's judicial reform.This paper is divided into three parts:The first chapter aims to introduce the origination, definition, types and specific rules of plea bargaining system in the United States of America as well as the developments of plea bargaining system in other countries of the world two main legal systems, such as Britain, Canada, Germany, Italy, etc. And also the judicial practice in China.The second chapter analyses the view conflicts of the advantages and disadvantages of plea bargaining system, and represent the necessity and practicability in the establishment of plea bargaining system in China.The third chapter raises some thoughts of China's contribution of plea bargaining system in terms of principles, specific procedures and rules as well as the related policies.