A Study On The Plea Agreement System In The Public Prosecution Section

At the beginning of the 2016 meeting of the central political work conference,the Central Committee proposed "to draw on the plea agreement system on the basis of reasonable elements,to study and propose guilty penalty leniency system pilot scheme",then,the public department will further study the improvement of the litigation penalty leniency system link confession said publicly that the Supreme People's Procuratorate,explore the establishment of plea negotiation system,sentencing procuratorial tache lawyer participation,explore the defendant guilty or not distinguish cases in court to support the prosecution mode." China version of plea bargaining system,in contrast,it is beyond all expectations,and in reason.What is expected for the introduction of plea bargaining in the criminal procedure in China,after the theory has been discussed for a long time,the top is always silence,the reason is because the current we have to carry out the relevant reform of the subjective and objective conditions,in fact in judicial practice has made some preparations.The author writes this article,carries on the research to the related question,the full text besides the introduction,the conclusion two parts,the main text is composed by four parts.The first part is an overview of the plea bargaining in the United States the birth and development of the specific situation,the first case of course spread widely in the world and China's plea bargaining and the disputes,and analyzes the value and significance of plea bargaining,the second part from the Chinese tradition and reality,the legislative and judicial aspects for reference,plea agreement spirit,carry out the necessity and feasibility of plea bargaining in China is discussed;the third part analyzes and demonstrates the standard of proof is the most important in the plea agreement system of the problem,appropriate to reduce the rationality and operation path of proof standard is obtained;the fourth part of the analysis will be carried out a plea bargain to better achieve the "trial centered",to clarify the four characteristics of consultation should be included in the confession China,and puts forward to the defendant pleaded guilty or not as a criterion to distinguish between,To reconstruct the criminal procedure in our country,and to establish the relevant supporting system,in order to effectively play the role of plea agreement.