Criminal Proceedings In The Prosecution And The Defense Desired

The Agreement of Defendant and Prosecutor means the contract of substantive and procedural matters between country and individual. Equality, freedom and independent is included in this concept. Rousseau's Social Contract Theory is the theoretical basis of the two parties' equal status. The new procedures justice concept stresses on the participation of both parties. It's the engine of the agreement system's development. And people's desire of certainty and avoiding conflict is the system's psychological root.In modern community, with the development of procedural democracy and the change of procedure concept, the Agreement of Defendant and Prosecutor has been institutionalized in many countries' law and applied widely. If the agreement system is classified by content, there are Plea Bargaining, the agreement of the choice of Simple Procedure and the agreement about evidence in British law.The Agreement of Defendant and Prosecutor system acts irreplaceable role in Chinese criminal law which can overcome the difficulties which appear in criminal law's development. But it's good work need mature legal environment, or it will become the hotbed of legal corruption. There are many disadvantages in our country's law. But because of the important role that the Agreement of Defendant and Prosecutor acts in our law, we should not give up. I think we should build up the legal environment which the Agreement System need.