| In 2017,the fourth plenary session of the 18th CPC central committee will discuss the rule of law for the first time.The meeting examined and approved on comprehensively advancing the rule of law "of the central committee of the communist party of certain major issue decision",determine the construction of socialism with Chinese characteristics is the total target of the rule of law system,construction of social justice country under the rule of law.For a long time,our country's criminal justice follow the principle of a kind of formalism,focus on the facts of the case review,regardless of the nature of the case,also does not consider the defendant pleaded guilty or not,even the summary procedure,must be strictly trial,this undoubtedly greatly reduce the efficiency of the judicial organs.In addition,due to various reasons,our country judicial organ personnel erosion is serious,the judicial resources is relatively small,thus caused the contradiction of insufficient accumulated cases and judicial personnel,this is not conducive to the construction country under the rule of law in our country.However,in the mode of confrontation system represented by the United States,the values of pragmatic litigation have long occupied the dominant position and pay great attention to the social effectiveness of criminal procedure.Under the guidance of the national spirit of the United States,plea bargaining came into being.Prosecutors do not have to bear the onerous burden of proof,and the defence can exchange a guilty plea for lesser charges,and a large backlog of cases is quickly and thoroughly resolved.Therefore,pragmatism in the criminal justice system of plea bargaining is a kind of important form of realizing,can draw lessons from the plea bargaining system in our country related spirit,in order to improve the efficiency of litigation,maintaining a broader justice.This paper is divided into three parts:The first part discusses the pragmatic appeal of plea bargaining.After analyzing the causes of plea bargaining,we conclude that plea bargaining has its legitimacy and necessity.Firstly,it can meet the practical needs of judicial practice in China,and alleviate the contradiction between the tension of judicial resources and the backlog of cases.Secondly,to improve the status of the accused,to change the traditional situation of the prosecution,and to safeguard the legal rights and interests of the accused;Third,reflect the legal values of pragmatism,useful or justice,plea bargaining can quickly solve most of the cases,make the judicial organs have taken the time to solve other significant nausea hard case,maintaining the social justice on the macro.The second part discusses the theory and experience of plea bargaining.This paper mainly elaborates the theoretical support and experience support of the pragmatism philosophy embodied in the traditional Confucian thought in China.Traditional Confucian thought and the pragmatism in China there are many in common,"tool" in the Confucian thought,doctrine,and throughout the practice guidance and pragmatism are pretty much the same claim,they together for the introduction of plea bargaining in China provides a theoretical and empirical support.The third part discusses the idea of constructing our country's plea bargaining system with pragmatism.Two basic principles are put forward:the principle of moderation and the change of concept.In our country,the introduction of plea bargaining system can't copy and copy,and we should control the degree of decentralization,otherwise it can easily lead to judicial corruption.In addition,the retributive function of punishment has been deeply rooted in our country.To introduce plea bargaining,we must first change the public opinion.In the realization of the way,we should take full account of the actual national conditions of criminal justice in China,so as to promote the simple procedure of the ordinary procedure and reform the simple procedure as a breakthrough,not to be quick and quick. |
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