Plea Bargaining In Research

Plea bargaining may be called plea agreement or plea negotiation; it is a form of negotiation between the prosecutor and the defendant (usually through counsel) before the court trial. The prosecutor will to reduce the accusation in exchange for the defendant pleads conviction. If the judge accepts the agreement, the case is sentenced in accordance with mutual agreement and it will come to the end without due process of law. Plea bargaining came into being in the United States in the 1930s.Plea bargaining has involved doubts and debates ever since it came into existence. So far, it has not been recognized as a legitimate mode of action by the international community. However, in recent years, plea bargaining has been widely promoted for its simplified procedure, low-cost and high effectiveness of the proceedings. In the United States, plea bargaining is extremely popular as a policy which should help prosecutors to conclude the case as soon as possible. Now the Federal Supreme Court has recognized plea bargaining as a legitimate procedure. There are different levels of the practice of plea bargaining at the United Kingdom, Spain, Germany, Italy, Russia and other countries. Plea bargaining is playing an extraordinary role in judicial practice and a number of judicial precedents."Justice and efficiency" is the work subject of the Chinese court in 21st century; they are also the two ultimate goals of administration of justice. "Justice first, efficiency second". We need to grasp this basic criterion on administration of justice. Pursue absolute equity but to ignore the efficiency do not meet modern requirements of criminal proceedings. Blindly pursue efficiency is putting the cart before the horse. So we not only ensure relatively fair, but also continuously improve lawsuit efficiency in criminal proceedings. Through the rational design of proceedings, we optimize judicial resources in order to reduce litigation costs, improve efficiency and satisfy the requirement of justice, order and freedom of social, national and individual. As a consultative justice, plea bargaining greatly improve lawsuit efficiency on the premise of ensuring relatively fair. In judicial practice, it can solve the problem of conviction and sentencing quickly and simultaneously, thereby the cycle of criminal cases will be greatly shorten. Avoiding long and complex criminal trials, a large number of criminal cases are closed in the form of consultation and negotiation by the parties. It should save limited judicial resources, and improve the operating efficiency of criminal justice system. Plea bargaining with core of contractual framework, really adapt to social reality and resolve the judicial dispute effectively. Including the participants, it has the wide support of people.The contradiction between many criminal cases and limited judicial resources is the real problem facing our country. A number of courts handle cases inefficiently in our country. Protracted cases affect the normal operation of the judicial system. It is a very serious problem. Plea bargaining system, which characterized by "efficient, fast closing", be able to solve this problem. In China, there are successfully settlement of criminal cases which have been using a mode similar to plea bargaining in judicial practice. It is a good start for the introduction of plea bargaining system.Chinese criminal procedure introduces plea bargaining. Apart from its value and rationality, the reasons are including the legal basis of introduction, the psychological basis, foundation of concepts, a good judicial environment and other local judicial resources. With the proper norms, plea bargaining is not only able to reduce lawsuit cost and effectively utilize the judicial resources, but also it can protects interests of victims and help defendant return to society. Thus we should achieve Socialism to a greater extent through the consensus. So transplant plea bargaining system rationally is a pragmatic choice. It is an effective way of pushing forward reform of criminal justice process and seeking "Justice and efficiency". On the premise of objective analysis the context and value of plea bargaining system, with the characteristics of Chinese criminal procedure, we should advance promotion effects and disadvantages of the system. Plea bargaining system should be applicable gradually in the process of judicial reform, as well as we will do relevant works for the system.