Study On Plea Bargaining And Its Chinization

Plea bargaining is that the available evidence is not fully recognized the defendant crime,because the prosecution adduced evidence difficult or not sufficiently，in order to save thejudicial resources and avoid the accused was sentenced innocent, the prosecution reducedaccused strength, and the defendant plead guilty. Plea bargaining was produced in America inthe19th century, and it has the value of the efficiency, justice, tolerance, democracy. In orderto guarantee the benign operation, The countries represented by America existing the pleabargaining judicial practice generally establish the four principles of plea bargaining, namelythe defendant voluntary, each main body participation, the procedure safeguard and the courtform review.Plea bargaining is a system of priority to efficiency with due consideration to fairness. Itis a great significance for our country’s criminal procedure. Our country has the necessity ofintroducing plea bargaining, and it displays in: plea bargain can improve the efficiency oflawsuit and reduce disturbing backlog; reduce torture and really encourage the defendantguilty; compensate for shortage of the simple procedure; Conducive to the interests of thevictim protection. At the same time, our country also has the feasibility of introducing pleabargaining, and it displays in: the pragmatism which is continuously expanding in China laidthe ideological basis; the culture of contract which is continuous developing in China laid thecultural basis; The introduction of the parties socialist litigation structure laid a system basis;Criminal reconciliation judicial practice laid the practice foundation; The construction ofharmonious society established social basis.Chinese plea bargaining is not completely equal to American plea bargaining, so wemust establish the principles of the defendant voluntary knowingly, the victim agree, limitedmoderate, court review and trading publicly. According to the trade of the subject, scope,contents, procedures and effectiveness, we should base on our local culture, and draw onforeign experience to design the specific provisions of Chinese plea bargaining system. Onlyin this way can we guarantee the plea bargaining in the Chinese judicial practice virtuousoperation. Meanwhile, we should reform the supporting system relevant to plea bargaining.For example, we should establish the both of the accused and the defendant evidencedisclosure system, develop the lawyer system, establish the defendant silent right, enlarge theProsecutor’s right of charged discretion and perfect the prosecutor’s right of sentencingsuggestion.