Research On Transplantation Of Prea Bargain System In China

For a long time,the countries of continental law system hold the value idea of authority and entity justice,and hold a negati've attitude towards plea bargain system.However,with the development of economy and society,on the basis of recognizing the rationality of plea bargain system,many countries have gradually established a plea negotiation procedure in accordance with their national conditions through absorption and reference.The differences between different cultures and legal systems are gradually decreasing.In fact,there are a large number of judicial rules similar to the plea bargain system in our current system and judicial practice,which embodies the spirit of the plea bargain system,and also provides a fertile soil for the transplantation of the plea bargain system in China.Through the analysis of the development process of plea bargain system,this paper finds that the background of foreign plea bargain system is very similar to the present situation of our country:with the development of society,the judicial efficiency becomes low and even hinders the development of the society ruled by law.Therefore,this paper holds that the plea bargain system is not a pure foreign product,but a feasible system which can adapt to the Chinese soil and water and integrate into the socialist society with Chinese characteristics.This article focuses on the analysis of the concept,origin,content,scope of application,applicable conditions,applicable procedures,as well as lawyers,prosecutors,and so on,of the plea bargain system.On the basis of the role played by the judge in the plea bargain and the perfection of the relevant judicial supporting system,the author holds that China can selectively transplant the plea bargain system so as to alleviate the shortage of judicial resources,improve the efficiency of litigation,and demonstrate the value of the law.Of course,the transplant of plea bargain in China is not to copy the model of western countries in an all-out way,but to have a direction,a focus,and a prominent reference to explore the essence of the plea bargain system and create it in the light of China undefineds national conditions.Make it a criminal justice system with Chinese characteristics.Therefore,combined with his own experience in the work of the grass-roots procuratorate,the author tries to explore the doubt that the criminal case conforms to the final evidence but cannot be fully demonstrated,and the litigant participants reach a consensus,which is only applicable to the lesser nature of the crime.When the four conditions of defence transaction result are determined in writing,plea bargain shall be conducted.Plea bargain system is not an independent system,it needs to have a mature supporting system,the effect will play the best and create the greatest judicial benefits,The admission and punishment leniency system,which has been regarded by some scholars as the"China version"plea bargain system,was formally written into the newly promulgated Criminal procedure Law(Amendment)in 2018.Admittedly,the admission and punishment leniency system has some similarities with the plea bargain system,but the system is the latest legal achievement based on the national conditions of our country,and there are still many detailed rules and specific supporting systems that need to be further improved.This increases the necessity for our country to draw lessons from many supporting systems in the relatively rmature plea bargain system in order to improve the efficiency of litigation at the same time improve the quality of handling cases effectively resolve social contradictions and highlight the pursuit of fair and just rule of law in our country.