Plea Bargaining System In China

The plea bargaining system originated in the US,spreading from the U.S to Canada,England,Germany and other countries.The civil contractual conception in criminal justice is the basic factor in the origin of plea bargaining;the philosophic viewpoint of pragmatism,the dynamical factor;the adversary system litigation structure,the supporting factor;the right to evidential discovery,the safeguard measures in the origin in plea bargaining .and judicial efficiency plays a premium role in the origin and development of plea bargaining.Researchers in China breaks out the theoretical discussion on the importation of the plea bargaining system.The law practicer opens out the close attention on the the importation of the plea bargaining system.The article proposes the assumption of construction of the plea bargaining system in china.After reviewing the judicial practices in China,the article explains that Chinese criminal justice ought to import and transplant the plea bargaining system ,and then points out obstacles during the transportation.The article suggests that constructing the plea bargaining system in China should rebuild criminal value conception,the mode of investigation power,procuratorial power judicial power,the right to defense,the status of accused and victim,the system of evidential discovery and so on.Chapter 1 describe the skeleton of plea bargaining ,argues to tell the self-moving and born system background in the United States from the token,basic contents and its different method in the world ,and analyzes the inside foundation of development in the theoretical angle. Chapter 2 describe the theoretical discussion in China and out of China.Chapter 3 argues the necessity of transportation the plea bargaining system.In Chapter 4,the article discusses the basic principles and contents for system designing. Chapter 5 gives the theoretical examination and the native consideration on the associated systems with the plea bargaining system in China, arguing the direct connected systems,for example,prosecution powers of public prosecutor,the judicial power of judges.