Analysis On The Applicability Of The Plea Bargaining System In China

In strict sense,the plea bargaining system,which originated from the United States. Today, it’s also this system’s most developed country.Since it’s produced, people’s criticism to this system has not stopped,even worse,someone claims to cancel it,but more and more countries show great recognition and affirmation for its ease cases pressure,simplify the criminal procedure,enhance efficiency of proceedings,respect the lawsuit main body,embodies litigation democracy and other universal values.As for whether draw United States’s plea bargaining system into China,Our theoretical circle shows different views about this,someone support it,and someone oppose it.The opponent says China does not have protection measures of this system,such us litigation concepts and system mode,so it’s no different from asking for impossible if we blindly produce it.Therefore,author thinks that in the process of the socialist market economy gradually thorough, our social structure has transforming from a political country to the civil society and political state, the concept of people’s right and way of thinking, have changed obviously. In consideration of the trend of judicial democracy,our country is constructing the litigation mode actively,especially the Privilege Against Self-incrimination is established in the new Criminal Procedure Law in2012, which is something of a milestone.So when all of these analogous systems are formulated, building the plea bargaining system with Chinese characteristics will also improve the system of criminal law in our country.In this article,comparing with China’s judicial practice, author analyses the American’s plea bargaining system and other countries’s plea bargaining system by the method of empirical analysis,conceptual nalysis,comparative analysis,etc.pointing out the practical significance of the plea bargaining system and also putting forward to construct the plea bargaining system with Chinese characteristics.The thesis has four parts:The first part focuses on introducing a historical description of plea bargaining system and its typical characteristics which are formed in longterm conversance,furthermore, it also discusses the theory foundation of this system. The second part relates the development of plea bargaining system in foreign countries. In accordance with their national conditions on the basis of the reborn of it, some main civil law countries established their own plea bargaining system,meal-while,the essay tries to compare the introduction of this system’s different in these countries, in order to provide reference for the establishment of plea bargaining system.The third part,from four levels, analyses the feasibility of the system from practice, legal, policy, economic and cultural level respectively, further leading to the necessity of constructing this system.The last part, the key of this article.From the18th CPC National Congress’s report,we learn that promote law-based governance of the country in an all around way,improving the structure of the judicial system is a main task of the law construction in today and future for a period of time.Therefore,to reform the unreasonable section of the existing lawsuit system is one characteristic of the law construction.At this part, combining the national conditions of our country,this paper discusses that we should use beneficial experience of other countries for reference and construct the plea bargaining system with Chinese characteristics, No Prosecuting with Attached Conditions and Bargaining Over Confessions At Court.Then the rest of part will be unfolded in aspect of the principle of this system, improved protection measures and its supervision and reif mechanism in concrete practice.