Distinguish Plea Bargain Feasibility Study

Nowadays ,the idea "Justice that comes later is not called justice "is deeply rooted in people's heart ,which makes the improvement of judicial efficiency becoming prevailing in the daily work of judicial organ .In the past few years ,the judicial organ has made every effort to improve judicial efficiency, but ,there are still some work to be done to meet with social requirement and people's expectation .Facing the existent problem ,the paper studies the plea-bargaining system which is rather efficient in improving judicial efficiency in foreign countries ,probes the feasibility of the system in china ,maybe ,it can provide some useful experience for the improvement of china's judicial efficiency.There Are Four Parts In The Paper ,And The Contents Are As Follows: The First Part Reviews The Emergence And Historical Development Of Plea-bargaining .At first ,it concludes the core meaning of plea-bargaining by comparing different views on the concept of it in American theoretical circle ,that is to say ,the essential feature of plea-bargaining is that the accuser and the defender deal with their respective. Substantive right and procedural right through reciprocal transaction. It also review the emergence and development of plea-bargaining.and puts more emphasis on the emergence in America and the development in Anglo-American law countries than in continental law countries. Such as Germany and Italy. Then ,the paper introduces the types of plea-bargaining, there are two kinds of classification depends on different criteria;one is the contents of negotiation ,and the other is the type of case. At last, the paper analyzes the main reasons for the emergence and development of plea---bargaining in America.The Second Part Argues The Base And Value of The Existence of Plea-bargaining. At first, it analyzes six aspects of the existence of plea-bargaining . At first, it analyzes six aspects of the existence of plea-bargaining on the base of criminal procedure system ,for example: adversary system, the wide discretion of the prosecutor, the judge 's neutrality , negative position , mature discovery system , the defendant's right to silence .Then ,itanalyzes both advantages and disadvantages view ,the system has three positive significance and four negative significance for protecting the defendant's right .From the contract point of view ',there are two reasons for the system and three reasons against it. The Part Analyzes The Feasibility of Plea-bargaining In China's Criminal Procedure . At first ,It talks about plea-bargaining and some practice in our country ,such as "leniency to those who confess their Crimes and severity to those who refuse to", "make minor sacrifices to safeguard major interest ."Carry on transactions with the accessory .It analyzes four kinds of channels and forms to realize plea-bargaining as well. Firstly .realizing it through the procuratorial organ's abandonment of charge to abate an action .Secondly .realizing it through ordinary procedure .Thirdly realizing it through ordinary procedure -summary trial .Fourthly .realizing it through criminal summary procedure .Then ,it analyzes the feasibility of plea-bargaining in china from two aspects .At last ,it analyzes seven obstacles to carry on it in china.The Fourth Part Does Some Predictable Analysis on The prospect of Plea-bargaining in china .It is still immature to introduce plea-bargaining to china ,but we should be full of confidence to the future of the system. The first ,we can take the plea -bargaining system as a guide to develop our criminal procedure;the second ,we should continue doing some useful exploration which tally with actual situation .The third ,make full preparation for introducing the plea-bargaining .The fourth, localize and improve the system .