Plea Bargaining In Research

American plea bargaining system is a law system with vivid character. As the efficiency question occurring and the efficiency value becoming important, the due procedure becomes simplified, many kinds of summary procedures are set up, plea bargaining system' s globalization is obvious, and it go into the visual field of Chinese criminal judicial system. This article' s chapter one introduces the plea bargaining system' s derivement, development and the trend and behavior of its globalization, defines and analyzes the concept. And also introduces the plea bargaining system of America, British, Germany and Italy. In chapter two, the article reviews the controversy on the justice of plea bargaining, then analyzes the theory base of plea bargaining' s justice in economic and law, and reviews its value pursuit, expatiates on harmonizing the justice and efficiency. The chapter three analyzes plea bargaining procedure' s structure, discloses the subjects' status and action, and compares the force of prosecutor and appellee, and to find if it accord with the justice' basic appeal. The article' s chapter four mainly introduces "the first plea bargaining case in china" and its significance, and compares the plea bargaining procedure with Chinese summary procedure and simplified common procedure. Through the comparing, we can find that our criminal procedure absorbs in more and more merit from the plea bargaining procedure. In the chapter five, this article expounds our attitude to plea bargaining. We should establish Chinese plea bargaining system on the base of reconstructing and improving the plea bargaining system. With the precondition, the author analyzes the necessity and probability of establishing Chinese plea bargaining system, and puts forward assumption on how to construct it. In the end, the author brings forward a viewpoint that the idea is important, if the idea become popularized in society, the system would be carried on smoothly.