Research On Criminal Defendants' Optional Right Of Procedure

The optional right of procedure is the basic requirement and direct embodiment of procedural subject principle, which is fully used in civil procedure as it concerning of party's punishing right. It is always doubted by criminal procedure that emphasizes country's standard. As targets of pursuing value is variable and the special crossing research in the area of law becomes a trend, that the optional right of procedure cites limitedly in criminal procedure and gets development has been confirmed by legislation and judiciary practice. This reflects the rationalization of most country's criminal judicial procedure and the emphasis of human beings' self-valuation or dignity. This article will explain this right of defendant and wish that will be helpful to its establishment and perfection of this right.This article consists of four parts. The first part, as the basis of the whole article, mainly explains the basic connotation of the defendant's optional right of procedure, and also analyses its basic classification, influential factor and meaning. The second part explores its theory basis from the theory of human rights, procedural subject principle and fair, benefit, freedom, order etc. The third part, mainly through exploring the basic model of this right in some representative foreign countries, discusses two types of simple optional right of procedure: the complete one—plea bargaining procedure; the incomplete one — punishing order procedure, and defendant's optional right of appealing under the system of the third try, so that it can be helpful for the construction of our country's optional right of procedure. The forth part explains the main defects and causes of this right in our country and offers the author's conception: the defendant should be given participation right of procedure, and their optional right should be confirmed in simple procedure; In the second try, the defendant's optional right of trying contents should be ensured; After the revolution of the system of trying rank, their optional right of appeal under the system of the third try should be confirmed.