On The Construction Of Plea Bargaining System In China

The plea bargaining system is a kind of criminal summary procedure from the 19 th century.It plays an important role in improving the efficiency of the judgment,saving the cost of justice,and helping the accused to recover and rectify.Because of the special role of plea bargaining in improving judicial efficiency,many countries in the world,both civil and common law countries,have adopted this system and applied it to their judicial practice,and achieved good legal and social results.As an extraterritorial judicial system,it is difficult to transplant the plea bargaining system to our country,but it is not very difficult to transplant it to our country under the guidance of various systems,principles and policies.From the end of the Qing dynasty,China began to transplant a large number of foreign laws,inherited the characteristics of the original Chinese legal system on the basis of transplantation of advanced foreign laws,thus further adapting to the globalization and internationalization.The plea bargaining system is well used in both common law and civil law countries.As a big socialist country,it is necessary and able to transfer the system to China's judicial reform,so as to better serve the new era of socialism.The main characteristic of plea bargaining system is to negotiate with the defendant in the absence of sufficient evidence in the prosecution service,to provide the conditions for the punishment of the defendant to be brought to a speedy and effective conclusion on the premise that the defendant confessed to the crime.The National conditions and other aspects are different from the Western countries.How to transplant a foreign legal system to our country and ensure its effective operation is a problem worth studying.Through the study of this system,and in the light of the actual situation in our country,I have made a detailed plan for the implementation of the plea bargaining system in our country from the aspects of judicial principle,judicial idea,judicial system and related supporting system.