The American Plea Bargaining System And Comparative Study Of Negotiation System In Germany

Plea bargaining originated in America in the nineteenth Century, is produced in the historical background, the shortage of judicial resources in the crime rate. Since, the plea bargaining system with mixed reviews, But I have to admit, the plea bargaining system play an important role in improving the efficiency, reducing the cost of litigation, protection of defendant’s lawsuit right. In view of this, the plea bargaining system in civil law countries, led by Germany, also can be reference and transplantation, and achieved good social effect. At present, our country is facing the contradiction between the rising crime rate and the limited judicial resources, whether the American plea bargaining system reference to China’s criminal procedure law, scholars have praised this, negative and moderate said several ideas. The author thinks, the plea bargaining system can grow in the midst of opposition, and even to the development of the powers to the countries of continental law system. Explained the necessity of the research has strong vitality and. Any of the legal system is a concentrated expression of the national history, culture, tradition. The system of plea bargaining and so. Behind the development of the penetration of western traditional culture and value concept. A systematic study of the system of plea bargaining, probe into its theory basis and value connotation, contribute to our understanding of the system of national. Whether the reference consultation system of plea bargaining in America or Germany in China, the author thinks that on the basis of careful study, must be compared and combined with the basic situation of our country can come to a conclusion. In this paper, through the method of comparison, analysis, induction, described the system of plea bargaining system in the United States, the origin of the development of the basic theory and application status, the current application and the plea bargaining system and a similar spirit of consultation system in terms of the litigation mode of Germany, to construct Chinese plea bargaining system, etc. The full text is divided into five chapters, the first chapter briefly describes the significance of this topic and the problems to be solved; The second chapter introduces the development process, the system of plea bargaining in the United States is the ideological basis, the vigorous development of the cultural foundation, institutional foundation and legal basis, as well as the current status of the system in the United States of America development; The third chapter introduces the German experience from the United States formed the consultation system suited to their national conditions, to introduce the general situation of development, the system of the social basis and legislation; The fourth chapter through the first two chapters of the two countries, the system of plea bargaining and negotiation system described, to compare the system in their application; The fifth chapter through comparison of Germany, the current situation of our country’s criminal procedure of enlightenment, and introduces the concrete construction of plea bargaining system in China.This part explores the basic principles of the establishment of the system in our country, construction of plea bargaining system in China, the scope of subject, content, procedure, supervision mechanism and related systems.