Research On The Plea Bargaining System Of The United States

Plea bargaining system originated in the United States in the early nineteenth century,after two hundred years' development,it has become increasingly perfect.Plea bargaining system has broke the shackles of the old legal traditions and different legal system,in nowadays,its influence has spread to the criminal court,the traditional civil law countries,and the United Nations.As a special trial procedure,Plea bargaining has been formed a relatively mature system after years of development.In recent years,China's legal science also gradually began to study and discuss the plea bargaining system.Scholars not only at the system level to explore its feasibility and rationality,and also put sight into the concept,the traditional culture,national habits,and differences of judicial philosophy and social psychology hidden behind the system.And then,in regard to the Plea bargaining system,our country 's judiciary not just stay in the level of concern,research,discussion,but already have a specific,individual practice.Therefore,seriously examine the internal mechanism and the mode of operation of the US plea bargaining system has a positive significance to our China's judicial system.This article is divided into three parts.The first part is the overview of American plea bargaining system,it describes the concepts,characteristics and theoretical basis of the system,in order to give us a comprehensive understanding of the plea bargaining system.The second part is the operation mode of the plea bargaining.Mainly introduces the architecture,operational mechanism and the force of law of the system.clearly showed us the operation mechanism of American plea bargaining system.The third part is the pros and cons of American plea bargaining system.This part is the top priority.It mainly discusses this four aspects: first,describes the status and role of American plea bargaining system;second,study the shortcomings of the system;third,study the theoretical divergence of the plea bargaining system;forth,through the overall understanding of the US plea bargaining system,sums up the reality of the United States plea bargaining system.