The Construction Of Plea Bargaining In China

Plea Bargaining originated in America and develop quickly in the judicial system. It’s not occasional that the Plea Bargaining appeared in the Anglo America law system. Nowadays, in order to solve the problem, more cases but less employees, some traditional countries of Continental law system start to learn from the Plea Bargaining graduallyOur judicial system also faces the similar problem and even worse than the foreign countries, then we have the responsibility to construct the Plea Bargaining which is corresponded with the character of our judicial system. Actually,there are some regulations which have existed in our law have the similar purpose with the Plea Bargaining, such as the policy of Leniency to those who confessing, severity to those who resisting; the regulation of Criminal reconciliation; and the program of Criminal cutting speed. So we have necessity to draw on the experience of Plea Bargaining. Plea Bargaining achieve the value of justice in program and materialization, at the same time, it also solve the problem of more and more cases which can’t be adjudged. Plea Bargaining has the advantage of making up the defect of the judicial system, too.Actually, our judicial system draws into the Plea Bargaining which is not a simple problem, because there are many different sides between in our judicial system and foreign judicial system, such as the law system, the mode of cognizance, the power of inquisitor and so on. At the same time, our judicial system has some regulations which need to construction, for example, the Right to Silence, the Presumption of innocence, the effective defense of lawyer. But our judicial system also has the possible to building the Plea Bargaining.This article divides into three chapters to introduce. The first chapter author will analyses the concept of Plea Bargaining, causes of production, advantages and disadvantages, then analyses the major foreign countries’ Plea Bargaining. The second chapter author mainly analyses there are some regulations which have existed in our law have the similar purpose with the Plea Bargaining and we still have the obstacles in the construction of the Plea Bargaining. The last chapter author will introduce the rationality of constructing the Plea Bargaining and describes in detail the specific design of Plea Bargaining in China and corresponding remedies and protection measures.