The Application Of Plea Bargaining In China

In our country the number of criminal cases are increasing,the crime rate is increasing year by year,but the whole system of judicial system resources has not increased,put it under great pressure.In the process of constantly advancing the rule of law,reform of the criminal procedure system is also increasingly on the agenda.With the introduction of the new criminal procedure law in 2012,a series of articles on the spirit of human rights protection must not be enforced in writing,makes the judicial reform of our country slowly into the tide of international criminal law system,in order to better solve the problem of the judicial system in many fewer,create with Chinese characteristics of plea bargaining is imminent.Plea bargaining system,from the United States is in order to solve the case facing the sharply increased number,the judicial organs caused by the rising crime rate working pressure increases,more disturbing backlog problem.In order to get out of this dilemma,the United States took the lead in the part of the criminal case trial,the system of plea trade this emerging constantly practice again and again,finally in 1970,the system of plea trade as an important written laws in the United States.In the applicable process,greatly improves the working efficiency,effectively relieve the case,however,show the advantage of this system was quickly Anglo-American law system and common law of many countries for reference,influence scope expands unceasingly.Just because of the efficiency priority and fair litigation advantage of the system of plea bargaining in the process of judicial application,it plays an important role in solving our judicial dilemma and promoting our criminal justice reform.Although China has not established a formal system of plea bargaining,the shadow of plea bargaining can be seen from the existing system of criminal proceedings in China.For example,in China's criminal reconciliation system,under the mediation of the third-party subjects,both the accused and the victim negotiate on the basis of voluntary equality,and through such means as reparation and apology,economic compensation,so as to achieve the purpose of alleviating and repairing social relations;In China,the leniency provisions on admission of guilt and plea bargaining are similar and different:most criminal cases in the United States are settled through plea bargaining,and on the basis of the defendant's confession,both sides of the prosecution and defense are treated with leniency through transactions.This legal spirit is also reflected in the lenient system of admission and punishment in China,which is rooted in the traditional judicial practice.In addition,in 2014,the trial of quick criminal cases in China showed the characteristics of simple,quick and efficient application of quick criminal cases.Both China's criminal procedure and foreign plea bargaining system are in pursuit of efficiency and justice.Although there is no mature system of plea bargaining in our country,the demand for it has been shown in the current criminal judicial practice.At present,the number of cases in China is piling up.The introduction of plea bargaining can effectively improve the efficiency of judicial cases and better safeguard the legitimate rights of all parties.In addition,the application of plea bargaining can,to some extent,reduce the judicial problems such as forced confession and overdue detention,better protect the interests of the accused,encourage the accused to confess his crimes actively,so as to speed up the judicial process and settle the case better and faster.After years of development of the rule of law in China,the judicial practice has been continuously promoted and integrated with the advanced judicial system and judicial philosophy in the international community,which has provided certain ideological and institutional soil for the introduction of the plea bargaining system in China.While introducing plea bargaining in our country,we should combine the basic situation of our country and make continuous revision and supplement to the system of plea bargaining on the basis of taking full consideration of our judicial system and judicial status.When determining the system of plea bargaining,China needs to establish a series of principles applicable to the system,such as the voluntary principle of the defendant,the consent principle of the victim and the openness of transactions,etc.Besides,certain external supervision is needed when applying the system,so as to ensure the operation of the system under the supervision of the law.In addition,when China introduces the system of plea bargaining,it needs to make some adjustments based on the subject,scope and content of litigation in China,so as to make the system of plea bargaining truly blossom in China's criminal judicial practice and solve the existing judicial difficulties and problems in China.This article is mainly composed of the following chapters.The first part mainly analyzes the concept,characteristics of system of plea bargaining,with some related concepts of law in our country the difference between the basic theoretical connotation such as:the second part mainly aims at the development course of plea bargaining system,and analyzes the value of the existence of the third part analyzes the system of plea bargaining in our country exist the necessity and feasibility analysis,construction of plea bargaining system in China,this paper studies the theory of practice base and the introduction of the system to improve the plight of justice practice in our country.The fourth part explores the idea of construction of plea bargaining system in China,including the main body of the plea bargaining system,transaction,and the content of the supervision and relief way,to promote the process of building a plea bargaining system in our country.