Feasibility Study Of Plea Bargaining

Although there is no plea bargaining in our legal system and legal design,there are many factors of plea bargaining in practice.China has been used "plea bargaining" successfully to deal with the case--"Meng Guanghu case" also have "plea bargaining farce"--"Li Zhuang case",although no longer seems to hear of "second case",but the discussion in both practice and in the academia have not stopped abruptly.Therefore,this paper adopts the research methods of practical research,and tries to explore the views and attitudes of the relevant legal practitioners and legal scholars on the plea bargain itself and the introduction of plea bargaining in China through the questionnaire and structure visit,which makes up the first chapter of the article.Plea bargaining is now popular in the United States,but its enlightenment in the United States is not smooth sailing,it's a tortuous process of developme,finally in a non-violent way quietly deprived of the territory of the penalty.Plea bargaining system for high application rate in the United States after the establishment,the vast majority of cases handled by plea bargaining,and this approach is worldwide spread.In the second chapter,the article introduces the origin and development process of plea bargaining through literature research,analysis and comparison,and further introduces the common law countries represented by the United States and Australia and the civil law represented by France and Italy used "the plea bargaining" in practice.Furthermore,there are many similar systems in the practice of law in our country to absorb the similarity system of plea bargaining.To deepen the understanding and distinction between the two,the second chapter of the article introduces the difference between plea bargaining and the related system of our country through the method of comparative study.Through the investigation and analysis and comparison,I found that the introduction of plea bargain in different positions have different views,and have their own clear reasons,clear-cut,and they stick to his arguments.Considering our existing national conditions are different,the introduction of plea bargaining may benot appropriate,therefore,the third chapter of this paper,combining with data collected in the first chapter and deeply understanding of the system analysis.Starting from the necessity,possibility and obstacle factors of plea bargaining in our country,we discuss the feasibility of introducing plea bargaining in our country,and finally put forward my own views in order to makes it helpful to the related research of plea bargaining.