The Introduction Of Plea Bargaining

In criminal cases, the proseeutors and defendants can make an agreement about conviction and sentence.That the proseeutors reduce charges against, or reduce the penalties in exchange for the defendant make guity a legal activity, This is called plea bargaining. It originated the United States an innovative system of justice in the 19th century.Not only effectively solve the dramatic increase in criminal cases, the resulting conflict with the limited judicial resources, but also improve the effectiveness of the proceedings, saving judicial resources, protect the legitimate rights and interests of victims. Plea bargaining shows strong vitality, and finally legitimacy 70 in the 20th century by the U.S. Supreme Court. Today it has broken through the boundaries between legal systems, a large number of civil law countries have begun to realize that reasonable and have learned the plea bargaining form the USA. Some countriea have establish a similar legal system with it.At present China is in the social transition, types of criminal cases growing conflict with the limited judicial resources are becoming increasingly prominent. So we need to the introduction of plea bargaining system. At the same time, combined with our own socialist conditions, and some factors existing legal system with plea bargaining, to be absorbed on the plea bargaining system, In this thesis, the introduction of plea bargaining system in conditions of some of the issues, some research and analysis to support that we should be introduced into China.The thesis can be divided into four parts:The first part introduces the history of American plea bargaining and the survival of the soil, and a brief introduction to the UK as the representative of the common law countries and in Germany, Italy, represented by civil law countries the introduction of plea bargaining system.The second part introduces the plea bargaining system about foundation and values, through its justice to prove the relationship between efficiency and rationality of its existence.The third part through the cultural foundation of our country, system requirements and practical requirements in three areas to elaborate the possibility of introducing plea bargaining system.The fourth section briefly describes the establishment in China of the plea bargaining system with Chinese characteristics,including the principle of plea bargaining for the scope of the case, the transaction approach and content and so on.