Comparison Study Of Application Scope Of Plea Bargaining

From a global perspective, the crime rate constantly rising leading the demand of lawsuit efficiency, and national prosecution purpose change punishing crime to controlling crime, so saving judicial resources and improving litigation efficiency become the key point of revising law and making law while consideration to the justice and efficiency. There are two reasons. Firstly, crime rate constantly rising and lack of judicial resources lead to backlog of cases and low efficiency. Secondly, the risk which prosecutor may lose a lawsuit in the criminal procedure after introducing defense litigation mechanism and establishing doubtful case irregularly is increasing. Consider all of these, plea bargaining system enter into our vision.In China, plea bargaining system had been studied, but still cannot be accepted by traditional theory because of the traditional law system in China is going after substantive justice, and seeking the fact. Under the background of building a socialist harmonious society, there exist examples of plea bargaining in Chinese criminal justice practice. In the study field, discussion about plea bargaining becomes fiercely, some scholar hold the positive view. They think plea bargaining system has its own existing value. It is good for saving judicial resources, improving judicial efficiency, guaranteeing social harmony. On the other hand, the opponents think it is not good for the maintenance of law justice. Lack of the legitimacy basis of plea bargaining will produce a range of issues, such as buy life with money. And also, judicial corruption will lead to a serious result, which disobey the principle such as equality before the law, conviction and penalty according to law. So, as the plea bargaining has been reflect in the practice, it is necessary to set the scope of application which it is base on the Chinese political system, economic system, historical tradition and so on. It is also should consider the justice and efficiency. This paper is the research of the scope of application of plea bargaining on the basis of the comparative of foreign countries.The paper has four chapters. The first chapter introduces the plea bargaining in the foreign countries as the fundamental of the following chapters. The second chapter compared the application scope of plea bargaining system in the main foreign countries, including background of legislation, judicial practice and so on. At the end, it discusses the view based on Chinese situation. Third chapter summarize the judicial practice of plea bargaining in China, and discuss on the theoretical view. The last chapter concludes the principle of application scope of plea bargaining in China, and gives the suggestion of building measures.