The Plea Bargain Rule Of Law And Order And The Chinese Construction

Through tracing back to the development of the history of the rule of law both in the west and in China, This article points out the identity of the development between the west and China. The identity is to make varied unified and to make the order integrated as the sociality takes apart and develops rapidly. Facing the challenge, the western experience is to change the present rule of law model into " the procedure model of rule of law", which changes the general rules into the demonstrated rules by offering open procedure, allowing the clients to participate widely and respecting anybody's opinion. The most important thing is find a solution make varied unified, as the western experience enlightened. It is the solution that is characterized by "the procedure model of rule of law" in China's Judicature area. We should establish the relationship between Plea Bargaining and Rule of law Order in China, because Plea Bargaining has the reflective procedure and the supervisory rules, which is characteristic of the "the procedure model of rule of law" . In a word, this article pays the effort to such work. That is to analyze the predicament of the rule of law both in the west and in China, to realize the same of the function of the west and China. The west uses "the procedure model of rule of law" to make the sociality unified. Plea Bargaining is characteristic of "the procedure model of rule of law". So this article tries to point out the function of Plea Bargaining in establishing the rule of law order.