Research On Three-party Negotiation Mechanism Of Public Prosecution

Three-party negotiation mechanism of public prosecution can raises the position of the victims and protects their rights, it also protection the criminals'rights and is good for constructing the harmonious society. The theory basis of Three-party negotiation mechanism of public prosecution is public contract theory, restorative justice theory and harmonious justice theory. Some cases in judicial practice indicates that the legal practice in China needs Three-party negotiation mechanism of public prosecution while it's should be improved to play a more important role. This dissertation researches the three-party negotiation mechanism of public prosecution with some juristically means such as case analysis, positive method and normative analysis and brings forward how to establish the legal system of three-party negotiation mechanism of public prosecution. This dissertation can be divided into five part as below: the first part is introduction. This part introduces the background, the current research status, research purpose and research means. This is the start line of this dissertation. The second part is the fundamental issues of three-party negotiation mechanism of public prosecution. This part researches the definition of three-party negotiation mechanism of public prosecution, its cause and its function. This part also maintains that the victims can take advantages of three-party negotiation mechanism of public prosecution to protect their own interest. The third part is some extraterritorial legal system and their use for reference. This part introduce plea bargain and criminal reconciliation. This part maintains that they are different but they are both on basis of the theory of criminal contract. The fourth part is the local practice and experience on three-party negotiation mechanism of public prosecution. This part firstly introduces a case and then analyzes its meaning. This fifth part is of most importance, which researches how to establish the legal system of three-party negotiation mechanism of public prosecution. This part put forward that the subject, the object, the range, the content and the supervision are the most important aspect of the three-party mechanism. In conclusion, this dissertation researches the cases in judicial practice and studies how to absorb the foreign legal system to promote the reform and creation of criminal justice in China.