Influence Of Introducing Plea Bargaining In Corruption And Bribery Crime

As an important part of evidence system in our country, oral confession plays an important role in striking crimes of corruption and bribery, but there are shortcomings in our system of confession. The Introduction of plea bargaining will play an positive role in improving our system of confession and striking crimes of corruption and bribery.Since ancient times our criminal trial depends on confession. Nowadays in our country judges still have first confession thought. While in other countries, even in America which has the most advanced judicial system, although there are many limitations, confession is still very important in justice. There are many defects in our confession system. According to Article93of Criminal Procedure Law of People’s Republic of China, the criminal suspect shall answer the investigators questions truthfully, which conflict with the Article12regulation (No person shall be found guilty without being judged as such by a People’s Court according to law.) and bring out low efficiency of confession and truth.The characteristics of the crime of corruption and bribery decide higher dependence on confession than other crimes. So to increase strength in striking the crime of corruption and bribery, we should amend our confession system. Plea bargaining is a good reference, which can protect the rights of suspects and descendants, and make statements equally and voluntarily. It can also increase the efficiency and factuality of confession, which will produce positive role to investigation and trial of the crime of corruption and bribery.But there are many obstacles in introducing plea bargaining. It is hard to resolve the conflicts between plea bargaining and doctrine of the persumption of innocence, the burden of proof in criminal suits and other jurisprudence problems. Though there are still validity foundations, such as in accordance with building a harmonious society and ideas of democracy, reflect allowance of criminal law, make policy of cop a plea to be systematized.It will also complete our criminal procedure.The essay also discusses the controversy in introducing plea bargaining. The most criticize is that plea bargaining invades justice protected by law. But justice is a system, while plea bargaining is favorable for realization of justice and reflect of procedure justice. We can make judicial procedure to prevent judicial corruption in plea bargaining, and finally prevent and strike the crime of corruption and bribery.