On China Plea Bargaining Obstacles And Institutional Building,

With the modernization of the law, the contradiction of the high rate of the occurrence of crime and the limited judicial resources are coming into its prominence, which is the reason of the existing of the Plea Bargaining around the world. Following the lead of the US, not only the common law family members such as Great Britain but other countries such as Italy, Germany, Japan etc., implement the Plea Bargaining by legislation.The author succeeds the research of the possibility to establish the Plea Bargaining in China after the analysis of the practice of different countries. Basing on the discussion of the advantage and disadvantage of the Plea Bargaining and its theoretical root comparing to our criminal procedures, the conclusion is that it is not suitable to implement the Plea Bargaining right now in China, owing to the absence or incompleteness of some basic systems but some suggestions have been made to design the necessary systems and supply our criminal procedures such as the simple procedure and the inquisition of the common course through a simplified approach.