A Study On "Judge-defendant Bargain" In Criminal Justice

"Judge-Defendant Bargain" as an objective phenomenon in criminal justice, but it has always been ignored by academia of China’s criminal justice community. In this case,all kinds of social contradictions has occurred in our country, the number of criminal cases increased sharply, but the litigation resources of litigation are very limited in our country, the backlog of cases, the phenomenon of protracted to make a valid judgement is serious, even form a vicious circle.To investigation and analysis "Judge-Defendant Bargain" in our country is very necessary.The court by the defendant of "Judge-Defendant Bargain" to promise the defendant to sentence misdemeanor or choose light punishment, in order to attract the defendant made a confession to admit his crime,this not only is benefit to the improvement of the efficiency of lawsuit, can ease the pressure of the court, and can solve the problem of compensation to the victim in criminal proceeding and can solve a part of the hard case in time.To some extent,"Judge-Defendant Bargain" ensured the normal work of criminal justice in our country, The existence of it has intrinsic value and the rationality.At present,"Judge-Defendant Bargain" emerged in criminal proceeding is a rational decision that the judicial workers made a balance in protect human rights and combat crime.China’s current situation to control crime need "Judge-Defendant Bargain",but due to the application of the "Judge-Defendant Bargain" in our country lack institutional guarantee, no unified theoretical support and no effective guidance in the respect of experience in the process of operation.If we want to make it be universally applicable is difficult.This paper aims to make a historical,comprehensive investigation of "Judge-Defendant Bargain".To analyse its causes,operational process, the value of existence and problems.To know its vitality, it rely on what kind of rule,need what kind of internal power.On this basis, to summarize its value and possible problems.In the end, through the reasonable internal system design and impeccable external legal regulate and contol to gather experience for its devolepment, to regulate its use and operation, play its proper value and provide a theoretical support in order to make it become legal and have a institutional framework in the future.What’s more,to make it spread nationwide.