China Learn From The Study Of The Plea Agreement

Plea bargaining refers to a litigation system during the process of criminal litigation, in which prosecutors, prior to a court hearing and aiming at defendants' guilty pleas after the victim's consent as to simplify the trial procedures to end cases soon and avoid the uncertainty of trials, confer with the defendants and their counsels on the conditions of reducing the number and the imputation of the accusation or posing some suggestions to judges in favor of the defendants, and reach an agreement which must be legally recognized after the judges' checkup, and in accordance with which a sentence can be worked out by the judges.Plea-bargaining system, as a new criminal procedural system developing in the United States since the 20th century, is characteristic of efficiency, fastness and flexibility, and can appease the conflict between the rapid growth of criminal cases in the United States and the severe shortage of judicial resources, then greatly improve the litigation efficiency. Therefore, the system is not only commonly adopted by the countries of Anglo-American law system, some countries of continent law system, to some extent, also assimilate the reasonable and scientific elements of the American plea bargaining and establish a similar system in accordance with their own national conditions.Since the reform and opening up, Chinese economy has maintained a rapid development, and China has entered a transitional period in history. Fateful, difficult and complicated cases such as organized crime, intelligentized crime have increased, which leads to the increased pressure on the judiciary handling the case and a large backlog of cases. The introduction of adversarial litigation and the establishment of the principle of Suspect-Crime-Means-None make accusation of crime more difficult. All this makes the proceedings efficiency greatly reduced and affects the justness. It is also not conducive to combating crime, and protecting the people. China's current reality of the criminal justice puts forward demands on referring to plea bargaining system.Referring to foreign plea bargaining system must be based on China's national situation and practicality, and fully take into account China's current legal system, legal and cultural traditions and legal values and other factors. Although controversies still exist in China's theoretical field, the use of plea bargaining for reference in our country is provided with a theoretical foundation and practical basis. We can not mechanically copy foreign plea bargaining system and must absorb its essence. In accordance with Chinese social situation and the actual judicial environment, the conesponding system must be set down to standardize and restrict the plea bargaining in order that ensure our country learn from the plea bargaining system in China can fully play its role, really improve judicial efficiency, save judicial resources, achieve social effects and legal effect of social harmony and unity.