Reflections on the Reality of "Chinese Plea Bargaining"

In order to promote the institutionalization of the realization of the "perfection lenient system of pleading guilty", some local judicial authorities began to explore "the plea consultation system" between pro secution and defense based on the plea bargaining.However, the emergence and development of plea bargaining is closely related to its rooted legal system.If it does not have the applicable soil of consultative justice, due to the realistic factors such as the value of criminal procedure of state standard and the lower rate of defense attorney, simple migration of Plea bargaining is likely to result in deliberate neglect of the facts of the case and weakening the connection between the facts and the penalty which is contradictory with the existing legal provisions .Therefore, we should proceed from two aspects of the entity and the procedure and make the criminal policy be better implemented through the construction of the positive evaluation of the trial, the application of diversion procedures and other aspects.