The Rational Construction Of Plea Bargaining System In China

The law develops by reference, and legal transplant is a shortcut to the development of the legal system.In order to optimize and perfect the judicial system, the judicial reform has not idle.In the process of reform we need to draw lessons from foreign advanced and mature judicial system to solve the problem of faced our country with the judicial. As an increasingly mature dispute resolution mode, Plea bargaining system is being adopted by more and more countries, and in the process of reference they made the corresponding reform according to their own judicial conditions in order to become better integrated into their judicial system.This paper is divided into four parts. The first part did the general investigation for plea bargaining system, it introduced the concept and background of plea bargaining system, and told us the development of the plea bargaining system in foreign countries. The second part of the article discussed the system from the perspective of the legitimacy, it obtained that Plea bargaining system not only did not violate the basic legal value such as fairness and justice but promoted the realization of justice by improving efficiency. The third part discussed the necessity and feasibility of the constructing of China’s plea bargaining system. Necessity is mainly demonstrated by improving the efficiency of lawsuit, allocating judicial resources rationally and updating lawsuit idea. And the feasibility was mainly discussed on the background of the new criminal procedural law. The fourth part is about the system construction. It analyzed the ontology content of the plea bargaining system respectively from the principle, main body, the application steps, the content and effect of the agreement.One important standard of successful transplantation of the legal system is to play the role of the system. As a program shunt mode, Plea bargaining system can reflect a kind of more harmonious judicial philosophy, combined with our judicial status and the rule of law in China, it is very necessary to construct the plea bargaining system in the long run, and it is feasible. The material is limited and the author has little talent and learning, so the views may be not immature, thank you for your criticism and corrections.