Plea Bargaining System Analysis

Plea bargaining is originated in the early19th century a criminal justice system, in Anglo-American law system and the continental law system of many countries were recognized and reference. China along with the further development of reform and opening up, especially in the social and economic transformation period, the criminal case, increasing the judicial organ with the great pressure of the case, it is necessary to some more minor criminal case shunt treatment, so as to speed up the handling speed, save the judicial resources. Plea bargaining actually is a kind of system? In China’s current cultural tradition, judicial status, legal concept and conditions, can introduce and transplantation of plea bargaining system? This paper holds that, from the system level of speaking our country has no plea bargaining, but our criminal judicial practice in the plea bargaining with the content of the practice, our country at present are not possessed introduce plea bargaining system conditions, but this does not hinder our using for reference of plea bargaining to improve our criminal lawsuit system. This paper is divided into five chapters, the integrated use of historical, empirical, comparative research methods, the first chapter, the criminal judicial practice class of plea bargaining in China, points that no provisions of plea bargaining system, but our criminal judicial practice in the plea bargaining with the content of the practice; The second chapter summarizes plea bargaining, this paper discusses the concept of plea bargaining, main content, produce development and existing basis; The third chapter of plea bargaining value analysis, and through the analysis of the pros and cons of plea bargaining, and points out that the plea bargaining to realize the value of the criminal litigation; The fourth chapter, our country into plea bargaining system obstacles, and points out that at present our country still does not have introduced the condition of plea bargaining system; The fifth chapter, from the plea bargaining to improve our criminal litigation system, and to adopt the American plea bargaining to improve our criminal lawsuit system puts forward several Suggestions.