On The Prosecution And The Defense Consultation System

The consultation of complaint and defence, called plea bargaining overseas, is a criminal justice system origining from the USA.In the British and American countries,the system of plea bargaining take a positive function to saving the lawsuit cost effectively , enhancing the judicial efficiency, alleviating the backlog of massive cases, in the USA, more than 90% criminal cases are solved through plea bargaining,there are also about 90% cases solved through this procedure in England's public security courtes.At present, our country is being in the social reforming time, quantity of the criminal cases rises suddenly ,this causes the burden more and more heavy for the born personnel organization and the funds tense judicial organ to processe the criminal cases. Therefore, our country has also carried on a series of judicial reforms, but still has the certain limitation.Unified the experiences of handling cases , through elaborating the plea bargaining, this article discussed the plea bargaining's model significance to our country , and absorbing the reasonable essence of plea bargaining , constructed the Chinese characteristic consultation of complaint and defence system.This article altogether is divided into six parts. The first part is the general remark, it mainly elaborated consultation of complaint and defence system's theoretical limitation, obtaining from studing the England and American countries plea bargaining system, summarized the main body, main content, and the rule of plea bargaining.The second part attached importance to the source of plea bargaining, carried on a comparative analysis to the western nations' system of plea bargaining. This part divided into two aspects.The first aspect elaborated the production, development and developed foundation of plea bargaining system in the USA; the second aspect mainly elaborated the development survey of plea bargaining in other nations and areas.The third part is about the advantages analysis of plea bargaining system, affirming the consultation of complaint and defence's positive role in the geting up of our country's criminal justice system, simultaneously noted its negative factor, with the purpose of giving to avoiding and solving in the next practice. This part also mainly divided into two...