On The Introduction And Localization Of The Plea Bargaining System In Bribery Cases

Plea bargaining refers to the economic and efficiency based on the principle of litigation,the law allows the parties to the alleged offenses for consultations,the prosecutor decided based on the outcome of the prosecution of the charges and the number of crimes,the types of penalties and deadlines,the court Legitimacy and the application of the law within the scope of the outcome of the consultation.At present,China's society is in a transition period,the number of criminal cases surge,the case is more than a few people every problem facing the Procuratorate,As a typical case of high dependence on oral confession,bribery crimes are increasingly difficult to deal with under the strict time limit of "no forced self-incrimination",but the task of anti-corruption is very urgent.Investigative authorities are therefore facing enormous pressure.Because of the contradiction between the overload of criminal cases and the limited resources of judicial resources,all countries in the world have studied the plea bargaining system matured in the United States in criminal proceedings,thus bringing their criminal procedure to the road of consultation.The author believes that it is a reasonable choice to introduce the "plea bargaining" system in our country,of course,because the masses of the people in our country still need a certain period of acceptability to negotiate and deal with justice,seize the voice of the state and the people against corruption Strong this pain point,in the confession of dependence is very strong bribery case investigation and take the lead in the introduction and pilot of this system,may be able to achieve relatively ideal effect.In the process of introducing this system,we should learn from the advantages of such systems abroad,but also to avoid its drawbacks,the scientific design of supporting system,effective supervision of the plea negotiation process to improve judicial efficiency,to avoid new corruption.This article based on the work of the author to engage in job-related crime investigation work is also limited to the field of duty crime,through their own research,from the bribery case to start their own highly dependent on the confession of bribery cases into the system of plea bargaining Superficial view,with a view to crack the problem of bribery cases investigated.Secondly,the development and status quo of the plea bargaining and the system of plea bargaining in foreign countries are analyzed,and the concept of the plea bargaining system is discussed,and the concept of the plea bargaining system is discussed.The author analyzes the characteristics of bribery cases and the present situation of bribery cases in China,and discusses how to introduce the system of plea bargaining in the cases of bribery cases for the lawful and efficient investigation and prosecution of the cases of bribery cases in China.And then put forward the localization design,including the establishment of the voluntary principle of the parties,the principle of lawyer participation,the principle of open consultation and the principle of the trial of the court,and on the basis of this principle,the author establishes the system of the crime of bribery.Start to a complete set of processes for negotiation,review,relief and supervision.