The Construction Of Plea Bargaining System In China

2013, 2014,2015 the Supreme People’s court and the Supreme People’s Procuratorate in NPC and CPPCC work report to display the number of national courts and procuratorates accept criminal cases showed a rising trend year by year, in the national economic take-off at the same time, the crime rate has gradually increased, the judicial system is facing the case backlog of swelling pressure. In the new era of judicial reforms, the reform of criminal procedure is more and more big.The promulgation of the new criminal procedure law revised in 2012, along with including new law is not forcing self proof system, some listed the protection of human rights concept by confirmed, Chinese criminal judicial reform and international standards, to a higher level of the perfection of the criminal lawsuit system, combined with the exposed problems in the practice, the introduction of plea bargaining trading system be imperative.Plea bargaining originated in America, then American also face rising crime rates, the increase of cases lead to judicial authorities can’t deal with the problem of. In order to eliminate the backlog of cases the plight of plea bargaining in the United States began to try some criminal cases, then through the test of practice after a long time in 1970, plea bargaining has finally legislation in the form of fixed as a special legal system. The plea bargaining system because of its demonstrated in the judicial practice of the excellent characteristics, but also on the majority of the countries of Anglo American law system and continental law system of criminal litigation system reform has an important influence, caused to emulate and the introduction of transplantation of plea bargaining in these countries, because of its strong vitality in different regions and culture in plant survival, plea bargaining so around the world to further expand the influence.This article except the introduction and conclusion of two parts, the main body consists of five parts. The first part mainly analyses the theoretical connotation and the legal basis for the system of plea bargaining, and produce and development process of combing. The second part of the comprehensive comparison of plea bargaining system summed up the similarities and differences in the application of different countries and regions of continental law system and Anglo American law system, and provided a reference to the plea bargaining in china. The fourth part of the basis of the judicial practice in today’s China, to summed up the problem in criminal procedure, puts forward the idea of introducing the transplantation of plea bargaining system. The fifth part describes in detail the specific design of plea bargaining in China and corresponding remedy and protection measures.