The Construction Of Plea Bargain

Plea bargaining although generated to the now but one hundred years, but the countries in criminal action widely applied. To solve the backlog of plea bargaining in the case, improve the function of the judicial efficiency is a temptation, but, at the same time its own all the potential damage to the defects of justice and it has also has been in dispute. In criminal litigation in China at the beginning of the reform, and scholars outside of plea bargaining system introduced, but based on plea exchange of the defects in the worry, this has been in the discussion and called for in the condition of the not made. In recent years, literally the deepening of social contradictions, the judicial organs shall handle cases of pressure increases, the judicial limited resources and rising case number of contradiction to stoke, new to the plea bargainingBased on the analysis, the value of plea bargaining with the external condition of the existing connotation, and combining with the judicial practice in our country, and puts forward the establishment of the plea bargaining in China, some Suggestions. So along the ideas of the, finally completed this paper, the logic structure are as follows:The first part, the basis of the analysis of the connotation of plea bargaining. This part mainly introduces the concept and classification of plea bargaining, and combined with the plea bargaining system of specific introduced the basic process of plea bargaining.The second part, analyzes the value foundation of plea bargaining. The value of plea bargaining mainly from four aspects to reflect, efficiency, justice, freedom and order.The third part, the comparative study of plea bargaining system foreign. This part of the focus on the introduction of the plea bargaining is the United States origin of the reason of the existence of the plea bargaining system, at the same time analyzed the plea bargaining in transplantation of relatively successful Germany, Italy, get some enlightenment to our country.The fourth part, this paper introduces the practice of plea bargaining in China and justice. Through the two specific case, and prove the plea bargaining in my law already exist some applicable, and analyses the scholars of this system in dispute. This part, analyzed the plea bargaining in the establishment in China of necessity and feasibility.The fifth part,this paper expounds the plea bargaining in China’s concrete framework. This part is the focus of this article I, the author mainly from the following several aspects to discuss, respectively is:plea bargaining in China has established specific principle, the application scope, applicable condition, main content, the program design, and its security system, supervision and relief.