Study On The Plea Bargaining System In China

The plea bargaining system in China has gone through the following three stages: Is it necessary to introduce the plea bargaining system--Building the Chinese plea bargaining system--Reforming the plea bargaining system with the help of the system of leniency based on peccavi.In the background of the party's deepening of the reform of the judicial system in the fourth Plenary Session of the 18 th CPC Central Committee,the state put forward the system of leniency based on peccavi.It fully embodied the judicial spirit of respecting and guaranteeing human rights.On the basis of the pilot work of the system of leniency based on peccavi,the academic and practical circles began to pay attention to the negotiation between the prosecution and defense.In recent years,serious and difficult cases and collectivization crimes increased,and judicial resources were seriously insufficient,which increased pressure on handling cases and lowered efficiency of handling cases.In order to alleviate the pressure of the judicial resources and ensure the proceeding smoothly,negotiations between the prosecution and defense in private increased gradually.In addition,the spirit of the plea bargaining system is also reflected in the non prosecution,the summary procedure and the speed procedure.However,in view of the current situation in China,it is still in the initial stage of the plea bargaining system.There are still some problems to be solved,such as the imperfect legislation,the ambiguity of subjects,stages and application scope,and the lack of the review and relief systems.Looking back at other countries,both the common law and the civil law countries,the legality and legitimacy of the plea bargaining system were stipulated in law or judicial precedents.The plea bargaining system conformed to the trend of judicial reform and also improved the efficiency of the judiciary.At the same time,how to ensure the legitimacy of the application of plea bargaining system is also a difficult problem,which tests the wisdom of scholars and practitioners,and requires continuous reflection and continuous improvement in exploration and practice.There is no doubt that we should establish a system of plea bargaining that embodies Chinese characteristics.First of all,it is necessary to make clear the legal status of plea bargaining system from the legislative level,prohibit the private secret negotiation,and ensure the openness and transparency of negotiation.Secondly,it is clear that the subject must be the prosecution and the defender.The victim's opinion can only be an important reference.And there is no restriction on the scope of the case.Thirdly,improving the review and relief systems.Ensuring the voluntary nature of the guilty plea is the premise of the legitimacy of the plea bargaining system.Finally,the application of the procedure of the plea bargaining system should be arranged.And the case should be reasonably simplified shunt,in order to achieve the purpose of improving the efficiency of lawsuit.