Transplanting Plea Bargaining System In China

Plea bargaining was constituted in the United States in the19th century, and it Plays an important role in the American juridical practice. Meanwhile, the controversy On the Plea bargaining is never stopped since it was constituted. Plea bargaining proeeedings because of its efficiency in improving the positive role it has beyond national and different legal systems boundaries, affecting other common law countries and legal traditions of mainland China countries. This article starts from the definition and development of Plea bargaining, carries out comparative investigation on it to analyze its advantages and disadvantages, and then expatiates that Plea bargaining realize the litigation efficiency meanwhile substituting ideal just by real just. Then, the article gives analysis on the relations and difference between Plea bargaining with some criminal policies and laws in China, so as to expatiates the necessity and feasibility of introduction of such system into China under the current market economic conditions in which criminal actions increase and the judicial resources are in short. On such basis, the article gives some plan on the Plea bargaining system in China, and puts forward considerations of principles, scope, procedure and supervision to which the system are applicable.