On the theoretical basis for plea bargaining system

Abstract

Before discussing the introduction of the plea bargaining system to China s criminal justice system, it is necessary to study its theoretical basis. Among which, the following aspects should be focused on: the philosophical viewpoint of pragmatism is its thinking basis; the concept of contract is its cultural basis; the structure form of adversary procedure is its systematic basis; and the system of right to silence and discovery of evidence are its symbiotic basis.

Keywords

plea bargaining, pragmatism, concept of contract, adversary, right to silence, discovery of evidence