On The Practical Application And Rational Construction Of Plea Negotiation In The Investigation Of Bribery Case

In the process of social transformation in China, the situation of bribery crime isbecoming grimmer, however, the detection means is not yet perfect, in order to crack down onthe crime of bribery more effective, the investigation practice spontaneously produced withthe behavior of plea negotiation which has "the factors about plea bargaining". Although ithas been widespread in investigation of bribery cases in China’s practice, independentresearch at present is so less. To demonstrate the scientific and practical basis for the pleanegotiation in the investigation of bribery cases, then through comparative study both athome and abroad, introduce its application in domestic and outside, and put forwardsuggestions to the present predicament of plea negotiation in the Investigation of bribery case,this study has important theoretical value and practical significance. This paper consists offive parts.The first part, mainly expounds the definition, and the difference of plea bargaining andclassification and other related contents of plea negotiation in the investigation of bribery case.Plea negotiation in the investigation of bribery case is a practicality, independence, regionalconcept, it refers to the bribery case investigation stage, in order to obtain evidence of thecrime, mining investigation clues and other needed for their cooperation, the investigationorgan negotiate and consult with the accused person, joint crime criminals and his defendersand other insiders about substantial problems like suggestions on conviction and sentencingand procedural problems such as decisions on canceling the case or using investigatemeasures which need suggest to the prosecution organ and judicial suggestions. There aresome significant differences including legal status, value function, the subject of applying, thecontent of the negotiation and supervision mechanism between the plea negotiation in theinvestigation of bribery case and plea bargaining. According to the subject and content of pleanegotiation and legal recognition standards on the classification and we will have acomprehensive understanding about this concept from different angles.The second part, mainly discusses the scientific basis and practical basis of pleanegotiation in the investigation of bribery case. Law value theory and method of realizationtheory and law of criminal substantive law and procedural law, the criminal policy of severitytempered with gentleness, cost-benefit analysis of economics, social exchange and interaction of sociology together constitute the scientific basis. The necessity and effectiveness analysisof plea negotiation in the investigation of bribery case constitute the practice basis.The third part, systematically studies the practice of plea negotiation in the investigationof bribery case. Introduces some similar use outside from aspects of procedure and substance,mainly includes the procedural matters on the level of application of consultation, the criminalexemption and witness immunity at the entity level; Scans the specific application in ourcountry from the negotiation, negotiation subject and investigative measures perspective.The fourth part, comprehensively analyzes of the plight in the operation of the pleanegotiation in the investigation of bribery case. This part from several aspects including thelegal basis is not sufficient, impartiality questioned, negotiation effectiveness is uncertain,supervision mechanism has not been established, practice lead to new problems that havecarried on the detailed description.The fifth part, put forward a preliminary rational construction of the plea negotiation inthe investigation of bribery case to break the plight in the operation by improving the relevantlegislation, implementing the defense system, designing the specific program, improving thequality of the investigation subjects and setting up supervision mechanism.