Criminal Suspects, The Accused Program Options Study

Modern countries governed by law will choose the trend that the criminal justice process performances greater respect for the will of the parties and choice of interests, the Criminal Procedure has appeared such breakthroughs in the exercise of free will. The optional right of Procedure is the summation of such breakthroughs. The reality of China's Criminal Procedure: Right to Silence and plea bargaining are still lacking, ignoring the interests of the private sector, coupled with the utilitarian judicial procedures make sense of option which criminal suspects and defendants basic legal rights had not yet been recognition. The solution of this problem is by giving criminal suspects and defendants the right to choose procedures, then paying more attention to criminal suspects and defendants, and the commencement of the main upgrading of criminal suspects and defendants, human rights concern, and eventually to get power and right balance. The article will-explain this option and hope to be helpful to its establishment and perfection of this right.Introduction removed, there are also five components, including more than 30,000 words.In the introduction, first of all, a brief description for criminal suspects and defendants, the right to choose procedures for the significance of the study, writing in this paper leads to solve the main problem: the system (criminal suspects and defendants the right to choose procedures) it has legitimacy? why there is no such system in China? What is the introduction of such a system need? Whether there are similar or alternative system has emerged in China? Whether such a system would be consistent with China's national conditions? How localization? Then, it is a brief introduction to the writing of this paper, some ideas and the corresponding methods of the study.The first part, it mainly analysis the content of criminal suspects and defendants option. In clarifying the right to choose, the relationship between rational on the basis that the criminal proceedings related to the pursuit of the interests of criminal suspects and defendants, the fundamental right to choose procedures Cause. Finally, analysis, defines the criminal suspects and defendants the right to choose the meaning of procedures. At the same time and the "right of appeal", "disposition procedures" were made a distinction between the two concepts.The second part talk about the theoretical foundation for the criminal suspects and defendants' option. Specific content from four aspects: First, the procedures for the protection of human rights is the right to choose the purpose of pursuing Second, the right to choose the system of background is the main principles of the procedures established; three, procedural justice procedures for the establishment of the right to choose the law provided the basis of Fourth, the right to choose the value of coordination: justice and efficiency.The third part, the observed angle goes abroad, study and analysis of the Two Schools representative national criminal proceedings the right to choose the existing model. In this paper, the representative of the state criminal proceedings the right to choose divided into three models: the representatives of the two countries to complete procedures for the right to choose model; Germany represented by the right to choose procedures profoundly beam pattern representative of Italy for the right to choose the mixed mode . In the general characteristics of each, after identifying the different models of the advantages and disadvantages for China to provide a reference.The fourth part, our procedures detect loss of the right to choose our analysis of the status and establish the motive of the system. First, from the criminal summary procedure, through empirical studies our procedures loss of the right to choose the status. Second of criminal suspects and defendants the right to choose the analysis of the reasons for the plight of operation: 1. Strong traditional powers of the criminal proceedings leading to the protection of the rights of the accused nominal 2. Imperfect system supporting the restrictions. Finally, given China's criminal suspects and defendants the right to choose procedures has special significance: the function of the Criminal help change the public's help to enhance the outcome of the criminal proceedings and convinced of the reliability and accepted. Part V, we will make some suggestions for criminal suspects and defendants of option to complete. Philosophy is the precursor of action, the first concept is updated, the paper considers it necessary to update and establish a people-oriented criminal justice, equality of arms, the concept of judicial consensus Second, the core system construction. First, the exercise of rights clearance basic principles: the principle of statutory limited choices, lawyers assist in the selection principle, the principle of irreversibility; Secondly, the selection process focuses on the content of the right: 1. Pre-trial procedures: In this paper, the need to build or improve or Chinese-style The Right to Silence, released on bail secured the right to choose the manner of the decision not to prosecute the discretion of the trial against the right to request, plea negotiations option 2. trial proceedings, the accused the right to choose procedures: procedural matters right to choose, the right to choose summary, a defendant in the second trial procedures right to choose. Third, improve the criminal proceedings the right to choose the matching system: 1. Perfect evidence discovery, and improve the obligation 2. Strengthen the assistance of a lawyer; 3. Improve the right to relief mechanism.Conclusion part, the author suggests that the option should be taken seriously by national procedures.