Consultative Justice

The increased criminal cases make the judicial departments over-burdened. In this case, the negotiated justice which is order to balance justice and efficiency appears automatically in judicial practice. There are so many criticisms of the negotiated justice. However, it is applied increasingly in judicial practice. The negotiated justice, therefore, becomes the subject for a lot of discuss. The thesis analyse the negotiated justice positively so as to put forward some constructive suggestions.The first part analyses the theoretic problems of the negotiated justice so that excellent bases are made for its application in China. First, the background and definition of the negotiated justice are introduced to form general recognition. Then, the author focuses on world-wide analysis of the negotiated justice. This. part deals with the appearance and application of the negotiated justice in common law contries, continental law counties and China. Finally, the value of the negotiated justice is discussed. The negotiated justice bases on theory of contract, the modestly restriction of criminal procedure, comparatively rationality and efficiency. These theories analyse the rationality of the negotiated justice from different view. Meanwhile, the negotiated justice itself has some faults, such as the harm of the victim's rights, diffculties to find out the truth of the case and encouragement of the judicial corruption. These faults, however, can't write off the negotiated justice's value. Weighed the advantages and disadvantages, the negotiated justice can still be applied in the criminal judicial system of China.The second part discusses the application of the negotiated justice in China on the basis of the theoretical analysisahead. First, proper location of the negotiated justice in the criminal judicial system is made. The negotiated justice is the actual demand of the criminal judicial practice while it is only the replenishment of the traditional criminal judicial system. Secondly, the author focuses on the internal and external troubles of the negotiated justice. The negotiated justice's faults make it diffcult to be accepted comprehensively. At the same time we are anxious about the enviorment of the negotiated justice because there are so many troubles in concept, theory and system. Thirdly, the remedial measures to the faults of the negotiated justice are put forward. It is necessary to let the victim to join in the negotiated justice, to establish audit programme and to set up relief projects. Finally, the author tries to find out some measures to overcome the obstacles of the negotiated justice. With the transformation of the concept and the improvement of the system, the negotiated justice can develop well.