On The Agreement In Criminal Procedure

The Japanese Scholar Penglai Xiaoxiong applied the words"Determination"and"Agreement"to describe two different dispute resolutions. Under the definition of traditional criminal procedure, which refers to the"determination mode", it is the nation undertakes full responsibility for investigation, prosecution, adjudgment, and penalty execution. With the separation of three conceptions,"citizen","society"and"nation", however, the attributes of"public interest"has transformed, as well as the public reconsideration of the relationship among the"offender","victim"and"community". Meanwhile, the fierce conflict between the increasing criminal rates and the judicial resources shortage, combined with other elements, stimulates the application of agreement in criminal procedure system.Not only the"victim-offender"area, but also the"judicial authority-parties"area does the agreement widely adopted, and consequently two basic Criminal Agreement modes emerged: the"victim-offender"mode, and the"authority-party(s)"mode. These two hold contradict attitudes toward"agreement"so that different system designs are required.Assumed the similarity between the Restorative System and Chinese traditional"Harmony"culture, the idea to introduce agreement into criminal justice is loudly applauded in China. Nevertheless, if we penetrate into the traditional culture, we'll notice that there is a particular mass psychology trying to insulate the dispute resolution from due process, which is quite different from"agreement"under modern context. However, a rigorous system web is an indispensable antiseptic for the"agreement".Based on the above considerations, other than the Introduction and Conclusion, this thesis consists of five chapters. Chapter one focuses on the evolvement of"public interests"and the judicial idea, which helps to clarify the rationality of"Criminal Agreement". Chapter two starts with the predicament of judicial resources and, along with the analysis of Restorative System, explains the necessity of the grafting. Chapter three provides a close inspection into the two agreement modes and comes up with some problems needed to be considered during the system construction. At the end, Chapter four will return to the Chinese society.