China Rational Thinking, The Introduction Of The Plea Bargaining System

The case of "Meng guanghu intentionally hurts Wang" is called as "the First Case of Plea Bargaining in China" and it has caused extensive discussions for whether China should introduce plea bargaining in its legal practice. Considering of China's current and judicial status, this thesis tries to give the author's answer to this question and some suggestion on how to establish the plea bargaining system in Chinese way on the base of the experience in the U.S., German and other countries.Plea bargaining was created in the U.S. and has a hard process of development. After nearly 100 years of development, the U.S. plea bargaining system has become a very strict system and concludes a lot of complicated rules. Nowadays, it is intensively used in U.S. legal practice and significantly improves the efficiency of the proceedings. Plea bargaining becomes a major feature of U.S. criminal system. Meanwhile, because of its unique charm and effective results, plea bargaining has also introduced to other countries and regions, such as such as the United Kingdom, Canada, Italy, Germany, Japan, Taiwan region. Taking the plea bargaining system in Germany for example, this thesis analyzes the practice of plea bargaining in civil law countries in order to provide some useful lessons to the introduction of plea bargaining in China. Considering of China's current social situation and judicial environment, there is the demand for the introduction of plea bargaining system. On the one hand, Chinese society is in the transition so that the crime rate always remains high recently, on the other hand, there is very limited judicial resources in China, both in personnel and financial constraints. Therefore, a simple and efficient procedure is urgently needed to alleviate such conflicts. Secondly, the existing legal provisions and judicial policy has laid a certain foundation for the introduction of plea bargaining system, such as summary procedures, "Frankly leniency" policy. Third, the diversified demands of justice of the public have also look forward to a rapid manner. Frankly speaking, China and the United States are very different countries, not only the social environment but also ideology and culture, so there are many obstacles for the introduction of plea bargaining system, such as obstacles on the institution and concept. However, with the improvement of the judicial system and the idea of litigation, these obstacles can also be overcome someday. If we can build a reasonable system of plea bargaining which fits to China's national conditions, it shall definitely improve the efficiency of the proceedings and ease social conflicts. This paper focuses on aforesaid sides and raises independent suggestions, with a view to provide some reference to China's judicial reform.This paper is divided into four parts:The first chapter aims to introduce the creation, development, as well as its major types and specific rules of U.S. plea bargaining system, and evaluate application of the plea bargaining system in the United States;The second chapter take Germany as an example to state the introduction of plea bargaining system in other countries. By introducing the development and three different forms of plea bargaining system in Germany, the thesis makes comparisons between the United States and Germany regarding the plea bargaining system.The third chapter discusses the possibility of introducing plea bargaining system to China, meanwhile, analyses the obstacles and countermeasures during the process of introducing.The fourth chapter raises some thoughts of China's introducing of plea bargaining system in terms of principles, applicable jurisdiction, specific procedures and rules.