On The Referencing Function In China's Criminal Procedure Law To The Plea Bargaining System

Plea bargaining originated in the United States, in criminal litigation plays an important role. this system is the main value can effectively improve the efficiency of lawsuit, so gradually get some other country's identity. Our academic circles in recent years of plea bargaining system is studied, the facts show that plea bargaining in handling stress relief is outstanding, although of plea bargaining system needs corresponding security mechanism, but improve the judicial efficiency, and saves judicial resources and make the case processing results more fair and reasonable is the world the same goal. We should focus on our country the relevant judicial system in and its own lawsuit under the premise of culture, and puts forward the solutions system suitable for China's national conditions.This paper, by means of the method is compared to countries to engage in plea bargaining discusses the situation, the author puts forward his own idea. The current situation, our country is not suitable for all-round construction of plea bargaining system, but can use for reference in the system of the rational core, form in Chinese characteristics with the plea bargaining process. This article is divided into six parts. The first part of this plea bargaining system, this paper expounds the plea bargaining system foundation, principles and dispute; The second part of the United States, for focusing on the plea bargaining system in the relevant countries legislation and practice; The third part from the model of litigation, procuratorial system, evidence system and the judicial system and the judicial system and people heart concept, this paper analyzes in our country at present is the comprehensive building of plea bargaining system barriers; The fourth part lists of system of plea bargaining in China's present situation for reference, at present our country whether plea bargaining in the judicial practice or legal system there are certain basis; The fifth part proposes to use of plea bargaining in the rational core, form the plea bargaining process with Chinese characteristics, the feasibility of mainly reflects in: first, plea bargaining system and the Chinese traditional legal culture spirit consistently; Second, with the deepening of reform and opening-up, contract idea thorough popular feeling, plea bargaining for our reference laid the basis thought consciousness; Third, in China's judicial reform the achievements of plea bargaining system for reference to provide legal support; Fourth, the public to "justice and efficiency" deep understanding, to correctly handle the "justice and efficiency" relationship provides values basis; Fifth, our country has the practice of system of plea bargaining legal basis. Part 6 in our country further put forward specific reference of system of plea bargaining Suggestions, including the content of the reference should include four main party agreed to rules, the applicable condition, the scope of trade, content and standard and trading program; Establish corresponding security procedures and system; To establish the plea bargaining review supervision mechanism; Establish for unfair of plea bargaining relief mechanism.This paper aims to try to find the rationality of system of plea bargaining at ease, it must be admitted that, plea bargaining system as a kind of spontaneous system form, is itself the experience, can't hope to in some overall rational view of the system. Only in the practice process, constantly adding rational factors, and make it more practical, rationalization and standard.