中国辩诉交易第一案的思考（Reflections on the first case of plea bargaining in China）.doc

中国辩诉交易第一案的思考（Reflections on the first case of plea bargaining in China） From the first case of plea bargaining in Chinese plea bargaining The first case of plea bargaining was concluded in the Mudanjiang railway transport court in Heilongjiang Province on April 19th, the Legal Daily reported. The basic case of the case is: the victim Wang Yujie and the defendant Meng Guanghu because of the vehicle for the road and quarrel, after the defendant Meng Guanghu and his accomplices, the victim Wang Yujie seriously wounded. 15 months after the incident, the public security organs for other suspects failed to catch the Meng Guanghu case, it is unable to determine the victim is the person for serious injury. In order to settle the case as soon as possible, the public prosecution and the defense counsel: as long as the defendant pleads guilty and voluntarily assumes civil liability, the prosecution agrees to recommend the court to apply a reprieve to the defendant for a lighter punishment. Finally, the Court adopted the prosecution and the defense of the transaction results, to intentional injury sentenced the defendant Meng Guanghu, three years in prison, suspended for three years. The plea that Native American criminal litigation system, even in the Chinese law is not what new word, this so-called plea bargaining China first case is the first clear-cut concept of plea bargaining in Chinese in judicial practice. No wonder, for a time from the China law to judicial circles until the mass media have praised or criticized the plea bargaining or, more on the feasibility of introducing the system in the current judicial situation of different arguments, the posture did not lose the last discussion on the right of silence, China law fuunsaiki. Plea bargaining is an agreement between the prosecutor and the defending counsel before the trial, to reach the defendant to reduce charges or to cancel non direct charges or to recommend a mitigated sentence to the judge, and to make a plea