Construction Of The Prosecution And The Defense Consultations In China

Plea Bargaining in the United States are a special procedure incriminal proceedings, deal with criminal cases as a means of judicialproceedings in the United States has been widely used and played animportant role, at the same time the system has gradually beenwidespread around the world Judiciary recognized. The article relatedplea bargaining theory to link China's national conditions. The use ofsemantic analysis, concept analysis, value analysis, historical analysis,comparative analysis, empirical analysis methods, from the jurisprudence,criminology, criminal policy study, learn, such as the Code of CriminalProcedure combines the perspective of many disciplines, and learn fromuseful foreign experience, Construction of China's national conditions ofthe prosecution and the defense consultation system under the necessity,feasibility and design of specific systems of description and analysis.Basic contents of this paper is as follows:Introduction of easy on the status of this study was to examine thepurpose of the significance of research methods and ideas, studytheoretical and practical significance, combined with China's actualconditions of "plea bargaining" and "the prosecution and the defense consultations" were compared to clarify the use of "the prosecution andthe defense consensus "of the concept of rational and scientific.The first part, mainly introduce "plea bargaining" the origin,development, and the theoretical basis and evaluation. the same time,inspecting the implementation of "plea bargaining" of major countriesand regions (the United States, Britain, Italy, Germany,) of the theoreticalresearch, legislation and judicial practice of the status quo, analysis of thepros and cons of plea bargaining, in order to set up China's nationalconditions under the prosecution and the defense consultation system forreference.The second part, from the litigation improve the efficiency,conservation of judicial resources; protection of the accused, the rights ofvictims; the building of a harmonious administration of justice, theinstitutionalization of criminal policy areas such as set up China'snational conditions on the defense and prosecution under the necessity ofconsultation system.The third part, from the current China's political, economic andcultural status quo, judicial practice, the existing analysis of the legalsystem set up under China's national conditions the feasibility of theprosecution and the defense consultation system.Part IV, building the prosecution and the defense consultationsystem under China's national conditions. First of all, to build China's national conditions on the prosecution and the defense consultationsystem under the relevant principles and legal concepts related to specificchanges and reform and improve the system. followed by China's nationalconditions put forward to build the prosecution and the defenseconsultation system under the specific design.