Plea Bargaining In Research

Crime-controlling and the protection of human rights are what criminal justice pursue, and in criminal suits, justice and efficiency have become the goals of values. Being the eternal theme of criminal procedures, justice is being realized by different countries through making many measures. However, the controdiction between the rising of criminal cases and the inadequacy of judical resources is becoming sharply. How to ensure that both goals of justice and efficiency to be realized is one of the problems to be solved in modern criminal procedure.Plea bargaining is a penal suit system originated in the United States, which resolves the problem of the large quantities of accumulated cases and the limited judical resources. This system guarantees the realization of justice and efficiency. Nowdays, it is the general worldwide trend of reforming in criminal justice to strengthen the judical democracy, to protect human rights and raise lawsuit efficiency. During the quick development of economy and the establishment of democracy, the actuality which originated the plea bargaing in the United States also exists at present in China. The quatities of cases soar day by day , then the judical resources are insufficient. It is an inevitable choice in judical reform to realize the split-flow of cases and raise lawsuit efficiency in our country . The plea bargaining system has the function of raising lawsuit efficiency. What's more, it has the advantages of ensuring defendant's rights and repecting the defendant's choice. As the defendant approves the agreement , he will achieve the purpose of reclamation easily and reduce the crime rate. The judical organs which represent the state power and the suspect or defendant are equal in the system. They consult and negotiate in a equal status. The establishment of the plea bargaining system builds up the notion of the equality of prosecution and defendant.The plea bargaining system has its special society environment, which has reflected the effort of seeking balance in the ideal and reality. Althogh we are short of the system bases and cultural bases of plea bargaining at present, the pressure of increasing cases and the advantages of the system determine the introduction of plea bargaining is indispensable. What we should be done now is to actively create the operating conditions and draft related systems . When the conditions are prepared basically, we can set up the plea bargaining system with Chinese characteristics which based on the judical practice and the legal system development.