China Is The Introduction Of Plea Bargaining System

Plea bargaining also known as plea agreement, means that in criminal cases , the defendant makes guilt reply to the lesser charge or to one or several of the allegation in exchange for the prosecutor' s certain concessions, usually including a lighter sentence, or withdraw of other allegations. Therefore, plea bargaining is an agreement between prosecutors and defendants. Plea bargaining system sprouted in the 19^th century, approved and won legitimacy in the seventies of 20^th century by Federal Supreme Judicial Court of U. S. A. It has already become a practice that popularizes far and wide nowadays, occupys the main position in the criminal judicial system. Plea bargaining is a system different from the ordinary judicial procedure presented in order to improve lawsuit efficiency and economize judicial input. Plea bargaining system has not been stopped being disputed from day of its birth. But because it had no appeal that could be recognized, it obtained flourishing vitality promptly as soon as it came out. And it is practiced in many other countries and regions in the world far and wide.After the Second World War, countries of two main legal systems in the world, such as Britain , ??da, Germany, Italy, etc, have done different feature of Plea bargaining practice to different extent in the Course of Criminal Suit, and each of country has established their own. Plea bargaining tends to be more popular in the world. It gradually develops into an important component in the criminal prosecution of Anglo-American law system and continental law system. There is no plea bargaining in the criminal law of our country , however, some criminal legal system and criminal policies contains the factors of Plea bargaining. For instance, Suggestions for the Trial of the Case in which the Accuser Admits Guilty in General Procedures(an experiment) initiated by the Supreme Court, the Supreme Procuratorate and judicial department on Mar. 14,2003 and Suggestion for the Trial of Public Prosecution Cases in Summary Procedures.This paper focuses on transplantation of the Plea bargaining and raises independent suggestions, with a view to provide some reference to China' judicial reform.This paper is divided into four parts:The first chapter aims to introduce the definition, origination, developments, types and specific rules of USA' s plea bargaining system as well as the introduction of plea bargaining in other countries. This thesis makes comparisons between these countries.The second chapter analyses the theoretical foundations of the plea bargaining and its legitimacy on value, expounds its advantages, namely, its efficiency value, its justice value, and its representing the democratization of criminal suit.The third chapter discusses the possibility of introducing the plea bargaining system to China, and meanwhile analyses the foundation on the Chinese policies when transplanting this system.The fourth chapter raises some thoughts of China' s introducing of plea bargaining system in terms of principles, specific procedures and rules as well as the related policies.