Plea Bargaining In Research

Plea Bargaining is the negotiation and trade about the conviction and determination of punishment of the defendant between the procurator and the defense counsel before the formal trial. As a method of dealing with criminal cases, it plays an important role in criminal procedure. The beginning of Plea Bargaining was caused by its unique growth environment. The system, which originated from the U.S., has gradually gained the recognition from other countries, and become a judicial practice worldwide.From the beginning of the Plea Bargaining, the argument about it has never stopped. Its advantage of increasing efficiency is outstanding, but to a certain extent it harms the justice of jurisdiction. It is a system with advantages and disadvantages, which demonstrates the contradiction and conflict between ideal and reality, between justice and efficiency. With the contrast between the increasing criminal cases and the limited jurisdictional resources, the adoption of the Plea Bargaining is the makeshift but rational.The criminal procedure in our country shares the similar factors of Plea Bargaining, but not systemized. We can use the Plea Bargaining System in the U.S. as a reference, and take advantage of its reasonable elements in an attempt to found the Plea Bargaining System with Chinese characteristic. In addition, because of the different system background, we should set strict limits to its adoption, clearly make provisions for its scope and condition of application and establish effective security system and mechanism of jurisdictional examination and relief, so as to avoid its negative effects to the utmost extent and promote the coordination among the multiple values of criminal procedure.