The Construction Of The Plea Bargaining Under The Basis Of The Acknowledges Guilt To Accept Punishment Lenient System

The acknowledges guilt to accept punishment lenient systems faces the challenge of "the document multi-people are few" judicial pressure.The emergence of this system means the shape of "Plea Bargaining" come out.Plea bargaining was produced in America,after the second world war,there are many social problems,high crime rate in America,in order to save the judicial resources,Prosecutors deal with the defendant by the way of the agreement in exchange for the defendant plead guilty.Plea bargaining constantly affects other countries' criminal law,many countries references to plea bargaining according to their own conditions.The acknowledges guilt to accept punishment lenient system is similar with plea bargaining in our country,but there are some differences between two systems.The impact of the acknowledges guilt to accept punishment lenient system can hardly exceed the plea bargaining,it's still difficult to solve the practice problems.It's significant to build plea bargaining under the basis of the acknowledges guilt to accept punishment lenient system.Our country has the necessity of introducing plea bargaining,and it displays in:plea bargaining can solve extort confessions by torture;perfect the acknowledges guilt to accept punishment lenient system;improving the efficiency of criminal proceedings and saving lawsuit resource;intensify the function of punishment of crimes.At the same time,our country also has the feasibility of introducing plea bargaining,and it displays in:there are same value pursuit between the acknowledges guilt to accept punishment lenient system and plea bargaining;the acknowledges guilt to accept punishment lenient system provide the basis for plea bargaining;speedy trial procedure of minor criminal cases can reduce the obstacles for plea bargaining;China's criminal litigation mode and concept is constantly changing;criminal defense system is gradually improving.The construction of plea bargaining,we should not only to coordinate with the current legal system,but also we should think about the design of the symbiotic system,we should base on our local culture,Ensure the plea bargaining can fully applied in practice.Meanwhile,we should reform the supporting system relevant to plea bargaining,the effective defense system can guarantee the equality of consultation,as the twins of plea bargaining,the defendant silent right and the both of the accused and the defendant evidence disclosure system can ensure the impartiality of the plea bargaining.