Economic Analysis Of Plea Bargaining System

With the deep reform and rapid development of the economy in our country, a substantial increase in the rate of crime, the backlog of cases, as well as the inefficient adjudgement and other problems has appeared. Plea bargaining system, because of the intrinsic economic theories value with regard to the plea bargaining system, is paid more attention to in the word at present. To take advantage of plea bargaining system, the innovation about criminal suit system has to take the efficiency of justice into account and the reform of the system become urgent in our country.In the first chapter of this paper, the basic analysis of plea bargaining system is given. In the beginning of the twentieth century, the plea bargaining system in the United States appeared which many countries want to introduce into their legal system to solve the problem between the increasing criminal cases and the judicial resources limited nowadays. Plea bargaining system may be better, because the legal system pursues fairness and efficiency as the basic goal, more and more common law and civil law countries choose to transplant the plea bargaining system.On the basic analysis of plea bargaining system above, the author point out the advantages and disadvantages of plea bargaining system ,and then give the essential analysis. The essence of plea bargaining system is to change between the institutive rights and the right to complain in court and the right to dispose of the court procedure. Plea bargaining system will help us to improve the effectiveness of the proceeding, protect the human rights of the defendant, and protect the legitimate rights and interests of the victim duly. American-style plea bargaining system which has some disadvantages may be controlled by building the matched system to maximize the proceeds of transplantation this system. The concept of plea bargaining system is not accurate nowadays. In order to have an accurate definition to understand its nature, I learn from the opinions of the scholars about the concept of plea bargaining system and give a more complete definition.In the second chapter of this paper, the writer points that the plea bargaining system is on the basis of economics analysis. Plea bargaining system contains a series of economic theories, which are used in traditional academic field of criminal procedure law. Plea bargaining system is the best embodiment of this field. The writher starts this chapter by some economic theories such as "opportunity cost", "maximization theory ","game Theory"and then gives further elaborated theory about plea bargaining system, and tries to explain the necessity and the possibility of transplanting plea bargaining system in China, on the basis of economic theories analysis.The opportunity cost of plea bargaining system is in line with the theoretical analysis. The reason why the two sides are willing to trade is that the opportunity cost of the two sides are the smallest when they come to an agreement .In order to maximize the wealth ,Posner use market mechanism instead of "justice" to analysis the action of the legal system. Plea bargaining system will help us to improve the social welfare and reduce the consumption of resource, enhancing the effectiveness of the proceedings which will inevitably be absorbed by national legal systems. In the difficult cases, Plea bargaining is the better choice in the litigation between justice and efficiency which always is the search for equilibrium of the necessary game of the judicial system. Criminal proceeding should take full account of litigation cost on the impact of the effectiveness of the proceedings, in order to achieve an efficient outcome of the proceedings, which can be introduced into the market means to resolve litigation disputes. If we say that the Coarse Theorem shows us the mean to resolve social conflict and market is reasonable, thus the emergence of plea bargaining in the United States and the popularity of the theorem mean that in criminal proceeding this theory is confirmed.Based on chapter two, the chapter three of this paper shows us the further analysis of economic theory .And then show the economic analysis of criminal system and criminal system in our country. The analysis of criminal system is on the behalf of the development of the modern trend of "plea bargaining system" in economics research, which in fact is involved in the study of modern economics that catch the basic goal: to solve the problem between the needs of society to increase and the basic contradiction highlights the scarcity of resources. Plea bargaining system in line with the economics of the "opportunity cost theory", "maximization theory", "game theory", "transaction cost theory", is based on the analysis of the previous chapter. On the basic analysis above, the writer gives the model of "cost– benefit analysis", "demand - supply analysis". Then give the analysis of the introduction of criminal proceedings in our country to show the further analysis of "the necessity and feasibility "of transplanting plea bargaining system.In chapter four of this paper, first of all, the writer lists the status of criminal system in China. There are the backlogs of cases in Chinese criminal justice because of the lack of judicial resources to enable criminal proceedings to reform the existing system, and the urgency appeared in front of us. Chinese legal system about plea bargaining system does exist. The introduction of plea bargaining system can carry out the Criminal Policy "Frankly resist strict leniency", we can motivate the defendant to restore the merits of the truth in time, in order to improve the efficiency of handling cases. In our country, we can learn from the positive elements of Plea bargaining system.The second part of this chapter has proposed the establishment of Chinese system about a specific model of plea bargaining. On the scope of application of plea bargaining system, mainly, plea bargaining system applies only to the crime that the facts are clear while cases are of insufficient evidence. Consultations should be made when the defense and the defendant want, with the consent of the victim prior to the consent of the victim, without compensation or disagree with the consultative process of the application. To protect the victim, it shall not be applied when the victim reject it. Plea bargaining parties involved in the prosecution ,are both willing to accept the "consensus", as a general rule, the two sides should respect it, but as the civil law of contracts , breaking the contract may also exist . Therefore, protection system is necessary to be provided.Any kind of system must be integrated with the national conditions in order to act its effective role. Legal model and the introduction of reference have to start from the very strict conditions on the combination of the principles and norms. Supporting systems are needed to establish as the following: The establishment of more strict legal supervision, as well as relief of improper trading to regulate the system of plea bargaining in order to discard the existence of the disadvantages of plea bargaining system.