Study On Plea Bargaining In China

Plea bargaining originate in the United States, playing an important part in the crime litigation system. Plea bargaining is quickly expanding in other coutries around the world. It has been brought in by many coutries or regions such as England, Germany, Canada, Italy, Janpan, Israel, Philippines and Taiwan. China is facing the plight of litigation explosion’and the efficiency of proceedings needs to improve.Chinese crime litigation system gets further improving by criminal procedure law of 2012. In such conditions, the plea bargaining in China is more possible.This paper is divided into five parts:The first part is about the brief introdution of the basic content and historical development of the plea bargaining. The problem of what plea bargaining is and what status plea bargaining has in the world.The second part summes up the academic point of plea bargaining home and abroad and analyses the basis of plea bargaining in the U.S. for existence to compare with what basis China can provide for it as follows.The third part returns to China and describes the fitting between plea bargaining and Chinese criminal prosecution idea to prove that plea bargaining has theoretical basis in China.The fourth part analyses the practices and policies of Chinese current criminal proceedings with something like plea bargaining and summarizes the China’s criminal justice status to prove that plea bagaining’s bringing in China is necessary and feasible.The fifth part puts forward the idea of building plea bargaining system in China.