Abstract:
For efficiency of the proceedings of the considerations from the Anglo-American law, the plea bargaining system, due to the obvious advantage of the system, changed from the "supporting role" of the first days when it was first established in the United States, to have become a "leading role"; this change also affected to some extent the traditional civil law countries. In Italy, the birthplace of Roman law, the 1988 and the subsequent revised Criminal Procedure Law is also added with a plea bargain in the nature of the agreement process. What are the differences and the inspirations of the two plea bargainings under different legal and cultural traditions? From several aspects of this comparative analysis, this article provides some reference to China-s legislation.