On The Construction Of The Plea Bargaining System In China

Since the reform and opening up,China's economy develops rapidly. However,at the same time, there are more and more criminal cases with increasingly higher incidence, which results in the scarcity of judicial resources. Therefore, trying to introduce plea bargaining system and utilizing its special characteristic of high efficiency to alleviate the dilemma of scarce judicial resources are quite urgent for our country in the current economic situation and judicial environment. Based on the analysis of foreign plea bargaining system and its application,this paper explores the feasibility and necessity of establishing the plea bargaining system in China in accordance with our current situation of judicature,and also makes a brief analysis on how to construct a plea bargaining system suitable for China.There are three sections in this paper: the first part is an outline,introducing the concept and development history of plea bargaining system and the reference value for our country; the second part analyzes the system from three aspects which the public pay a great attention,including whether the bargaining between common power and private right violates judicial fairness,whether it is against to punish the crime, and whether corruption will rise during the process of system application, and explores the feasibility and necessity of establishing plea bargaining system in China;in the third section,it introduces author's idea about how this system will be constructed in China respectively from the following aspects: the name of system,range of application, main body,conditions, procedure settings and relief approach.