The Research On Plea Bargaining

Plea bargaining is a new kind of criminal lawsuit system,which plays animportant role in improving working efficiency，reducing the backlog of cases andsolving the judicial procrastination.at the same time, the rights of the victim, andheavy efficiency light fair weaknesses have been controversial. In recent years, thissystem is more and more influence to the criminal law system of the world. At present,although there is no specific provision about plea bargaining in the legislation in ourcountry,we still can see some traces about plea bargaining。In recent years, along with the economy develops rapidly in China, the increasedcrime result the relative shortage of judicial resources in the social transitional period.On the one hand, all the cases to be uniformly apply normal trial procedure inevitablyleads to a large backlog of cases,long litigation cycle, etc., for the rights of the partiesalso formed a certain threat; Backlog of cases and litigation, on the other hand, longercycle can lead to serious pre-trial detention,which is not conducive to the suspect ordefendant’s human rights。Therefore, this article will take plea bargaining as the topic,starting from the basictheory of plea bargaining, the application situation of plea bargaining in foreigncountries is compared at the same time, discusses the situation and deficiency of pleabargaining in China and analyzes the causes, consequently，put forward some Solvingmeasures。Because that plea bargaining is still blank in the field of legislation in ourcountry, this article tries to study and explore the new type of criminal lawsuit system--plea bargaining, to make it fit our country judicial present situation, in order toenrich the connotation of the plea bargaining and the possibility in the design of thelegislation in china.