Comparative Study On Plea Bargaining System And Leniency System Of Guilty Plea And Punishment

Most countries in the world are actively considering the application of the essence of the plea bargaining system under the pressure of a backlog of cases and a small number of people,even those countries in the civil law system,which are famous for pursuing the objective truth of cases,are no exception.However,in civil law countries,the emphasis is more on "consultation" than "transaction",which is determined by different legal traditions and judicial environment.However,in China,there are many problems in the practice of the existing system of confession and punishment,for which some scholars try extremely to equate the system of confession and punishment in China with the plea bargaining in the United States,some scholars have proposed to draw useful experience from the U.S.plea bargaining system to adjust.But the problem is that the plea bargaining system in the United States and the system of plea bargaining in China can not be equated,and the two systems have different backgrounds and theoretical bases,which lead to their different positioning.Plea bargaining in the United States comes into being under the litigant-like litigation mode,in which the criminal suspect,the defendant and the prosecutor can negotiate and deal with each other on the outcome of the litigation,including the charges,the number of crimes,the punishment of crimes and the bargain price,to avoid the risk of litigation trading leniency model.The system of confession and punishment in our country is still carried out under the mode of authority,the prosecution and the defense can only negotiate on sentencing,but not on charges and tautology.The act of completely equating the two will inevitably lead to the dissimilation of the system of confession and punishment.In this regard,the author tries to compare the plea bargaining system in the United States with the leniency system in China,focusing on a comparative analysis of the theoretical basis,the operation of procedures,and the supporting system,make clear the similarities and differences between the two systems,and put forward their own for China’s plea bargain system prospects.This paper is divided into five parts.Firstly,it discusses the background of this paper and the current research situation,especially the improper theories of the two systems.Then the author tries to discuss and differentiate the two from the basic concept,and to elaborate the legislative purpose and value of the whole system.Then divide into three chapters from the theoretical basis,procedure operation,supporting system to compare the two systems,identify the similarities and differences.At last,the author tries to look forward to the premise of the leniency system,and put forward his own ideas and expectations.