Research On The Plea Bargaining During The Period Of Modern Of America

The American contemporary plea bargaining system is a criminal justice system. It is originated from the early years of America. And it was firstly set up by the outstanding prosecutors of Boston and other districts in order to deal with the contradiction between the high crime rate and limited judicial resources in America. The American contemporary plea bargaining system is of great importance in the history of criminal justice, and it plays a decisive role in solving social problems, keeping social stability, and saving judicial resources. American contemporary plea bargaining system meets the needs of the American criminal justice at a certain extant. It showed strong vitality and adaptation in its early days. While the road of its development was not smooth at all, and it took a long time for the American contemporary plea bargaining system to become legitimate. With its gradual population in American judiciary proceedings, the American contemporary plea bargaining system is gradually noted by law fields of other countries, especially its advantages of saving judicial resources, improving judicial efficiency and solving social problems. The above countries use the American contemporary plea bargaining system as a reference and build up their characteristic plea bargaining system of their own. Thus, the study of plea bargaining system’s developing history and value could also be used for reference when it comes to the perfection of our Chinese criminal justice.In order to easily discuss the American contemporary plea bargaining system, and to avoid the misunderstanding of the paper’s title and content, the author of this paper defined the time node of the "contemporary" in his paper in the introduction of this paper. Then the author introduced the concept, origin, development situation, domestic and overseas research status of plea bargaining system, and its research significance in both American and other counties’legal history.The author then mainly introduced the domestic and overseas research statuses of plea bargaining system, analyzed the key directions of other scholars’researches and their deficiency at present, and then the author pointed out the two major directions of his research on the American contemporary plea bargaining system----the development route and propagation of plea bargaining system and its historical value.In this paper, the author paid more attention to the discussion of the origin, developing route, propagation and the value of the American contemporary plea bargaining system. Every thing has its own specific historical reasons for its birth, development and its change, and the American contemporary plea bargaining system is of no expectation. Its emergence and development are closely related to the specific historical background of America, typical legal system and some other factors like benefit distribution in a certain period of America.In the first part of this paper, the author focused on the origin of the American contemporary plea bargaining system from the perspective of its historical background. Besides, in order to make it convenient for the readers to know the American contemporary plea bargaining system in its early days, the main body of the system was also be paved in the first part of this paper from the aspects of its concepts, features as well as types.In the second and the third parts of this paper, the author specificity elaborated the development and the propagation of the plea bargaining system in America and other countries, in order to sort out the developing vein of the American contemporary plea bargaining system, and to truly restore it from the perspective of legal history.Among them, in the second part of this paper, the author discussed the development in America of the plea bargaining system. There were three periods in it--- remaining underground, being brought out into public, and being legitimate. From its development route we can see that the American contemporary plea bargaining system experienced a rough road from its birth to booming. In the third part, the author deeply discussed and analyzed the propagation outside America of the American contemporary plea bargaining system in detail. And then, the author compared different plea bargaining systems of other countries which belonged to the Anglo-American law system countries as well as which belonged to the continental law system countries from different aspects of their contents, unique characteristics, ranges of application, and the status of judges. And then the author gave out the constructive analysis of the similarities as well as the diversities of the plea bargaining system in different countries.In the fourth part of this paper, the author clearly stated the historical value and the negative effects of the American contemporary plea bargaining system during its implement, so that people can clearly see the historical values of the American contemporary plea bargaining system. The American contemporary plea bargaining system is rooted in the adversary system and has experienced a rough development, so it has its own deficiency and limitation. But overall, the American plea bargaining system is still of great progressive significance. It is very worth to deeply study and to analyze the American plea bargaining system, and learn from it to perfect our criminal judicial system.In the conclusion part of this paper, the author earnestly analyzed and summarized the development situation as well as the historical values of the American contemporary plea bargaining system. And based on Chinese legal tradition in ancient times and the legal provisions of Chinese modern days, the author also analyzed the feasibility of the Chinese relative legal system learning from American contemporary plea bargaining system. In the author’s opinion, the criminal judicial practice could sufficiently take the American contemporary plea bargaining system as an example, in order to develop the plea bargaining system which suits the situation of China, and also has the unique character of China. It is of great importance to the perfection of our Chinese modern criminal judicial system and the construction of socialist society ruled by law.In conclusion, this paper discussed the American contemporary plea bargaining system from several aspects, and aimed at the learning from the famous legal system, and hoped to make a contribution to the perfection of Chinese legal system.