Studies On The Criminal Consultation

Communist Party continue to the report at 17 building a harmonious society, the goal of building a harmonious society deeply compatible with the current development of China's reform and the requirements of the times, closely hitting the point of China's reform and development of practical problems, and in general should be broad masses of the people the common aspiration. China's criminal contract and the idea of building a harmonious society have in common. Under the limited judicial resources and increasing criminal cases, a series of special criminal procedures come into being, such as plea bargaining and criminal mediation. These special procedures have something in common, i.e. cases are solved upon contract while not upon confrontation. Formally, criminal contract means the consent of all parties, while in fact, it means one have the right to effuse his consent, because free will is the real meaning of criminal contract. There are four parts in the thesis. In the first part of the thesis, the development of contract in criminal procedure is researched and the close relation between contract and criminal procedure is analyzed. The second part mainly talks about the relationship of the notion of the criminal contract and the criminal policy. The third part mainly introduces two kinds of criminal contract, ie plea bargaining and criminal mediation. In the fourth part, the author probes the notion the criminal contract in our criminal procedure and put forward opinions to perfect and regulate it.Criminal consultation is a national representative of the prosecution and the defence ad individuals on procedural and substantive issues reached by the contract, equality, autonomy, personal independence is its proper meaning, the Social Contract for the equal status of both sides to provide the basis for the new concept of procedural justice on the parties to participate in the proceedings, the prosecution and the defence is the driving force behind the development of a desired system, and seek to avoid uncertainty and conflict is the desire of the willingness to engage in a desired psychological roots. From the modem times, with the litigation process and the development of democracy in the concept of change, the criminal consultations in the legislation of many countries to be institutionalized, and its scope of application is expanding trend, according to the content of the lease, in the national criminal legislation as a formal system of criminal contract pleaded guilty to the main content of Plea Bargaining, criminal reconciliation, simple procedures for the selection of a desired and the United Kingdom under the law on the matter of evidence, such as consensual.Criminal consultation system in China's criminal justice plays an irreplaceable unique features that can help the development process in the criminal proceedings from the difficulties faced by the freed themselves, but its operational needs of a mature and healthy sound judicial environment, it would be criminal consultations become a hotbed of breeding corruption in the judiciary, the mandatory contract will replace free lease. From the reality of our criminal justice point of view, surviving in a lot of shortcomings, but in view of China's criminal contract and positive role in the administration of criminal justice, we are not deterred by the Therefore, we should actively to build a criminal institutionalized required for the operation of the lease environment to be able to play a positive role in criminal contract.