On The Construction Of Plea Bargaining In China

Efficiency has been one of the basic values that are in pursuit of in thefield of criminal justice. Along with this goal, people have been doinguninterrupted exploration, and they hope to find out highly effective andconvenient system to reduce the burden of the judicial organs. Like hesummary procedure, criminal reconciliation, plea bargaining and so on,they are all for the simplification of criminal procedure and theimprovement of the efficiency of system of justice. Today, they play apivotal role in different countries around the world. In the field of criminaljudicial of China, summary procedure has played a big role, and criminalreconciliation has also been integrated into Criminal Procedural Law, andonly plea bargaining now results in continuous dispute. This paperdiscusses the designation of plea bargaining, and the author hopes toprovide some shallow advice for the build of this system in our country.The first chapter is an overall content of the plea bargaining. First, theauthor introduces the definition of plea bargaining, and then describes itsorigin and development. Later, the author writes its inherent characteristicsand principles, which give the readers a whole understanding of the pleabargaining system.The second chapter is a part of comparison. In this chapter, the authorintroduces the application of plea bargaining system in typical countriesaround the world which includes America’s plea bargaining system,Germany’s consultative judicial system, Italy’s plea bargaining system andFrench’s court pleaded guilty before defense programs. Then, the essayintroduces the debate on whether we should keep plea bargaining or not.Finally, the author thinks that the existence of the plea bargaining isrational and analyzes its rationalities from the different aspects. The third chapter analyzes the necessity and feasibility of constructingplea bargaining. For the introduction of plea bargaining, there are also somecontroversies in our country. Later, the author describes the plea bargainingsituation which has existed in our country. Finally, the author analyzes whywe should construct this system from the aspects of necessity andfeasibility.The fourth chapter is the last chapter of this essay. In this chapter, theauthor puts forward some shallow suggestions on how to construct the pleabargaining in our country. From the aspects of specific procedure operation,its participation parts, the scope of cases which are suitable for this system,the content of trading and its supervision and relief mechanism, the authorhopes to give some help for the construction of plea bargaining in ourcountry.Plea bargaining system is a criminal judicial system which has beenwidely used in many countries and regions of the world. I think that theconstruction of this system will provides great convenience for the solutionof criminal cases and will elevate the efficiency of lawsuit.