Establishment Of Pretrial Proceeding For Guilty Plea

It's a national phenomenon that the defendant pleads guilty. According to statistics , the defendants of 80% to 90% of cases have chosen to plead guilty in China, this phenomenon is more significant in investigation stage, the overall guilty plea rate is 98.91%.Although China's public order situation and the criminal legal system have undergone major changes, the rate of the suspect's confession showed a considerable degree of stability. Whether the defendant pleads guilty is one of the important standards for cases diversion, It can be said that the stability of guilty plea has become the key to the diversion quality. But some scholars have pointed out that it's a common phenomenon that the defendant overthrows his/her confession in trail, and this result in the repeat of criminal procedure. Therefore, establishment of the pretrial proceeding for defendant's guilty plea is an effective way to review the defendant's guilty plea and improve the efficiency of lawsuit. This thesis analyzes the processing of cases with guilty plea in China, and Outlines the structure of the pretrial proceeding for defendant's guilty plea.This thesis is composed of the introduction, the text and the conclusion. The text includes four parts.Part one is about summarization of the pretrial proceeding for defendant's guilty plea. In this part, the author defines the process and illustrates the procedural and substantial meaning of guilty plea. The pretrial proceeding for defendant's guilty plea is an independent judicial process in the criminal trial procedure, and its main function is to examine whether the defendant plea guilty. If the defendant makes guilty plea, then the judge will determine its effectiveness and decide the distribution of criminal trail procedure.Part two is about the analysis of the contemporary processing of cases with guilty plea in China. The processing of cases with guilty plea in China includes confirmation mechanism and trail mechanism of guilty plea. The confirmation mechanism of guilty plea is used to confirm the validity of the defendant's guilty plea. In China, public security organ, procuratorial and judicial organs can confirm the validity of the defendant's guilty plea, but only the court has the ultimate right of confirmation. There are two kinds of procedure for guilty plea cases: summary procedure and simplified trial of common procedure. Part three is about necessity and feasibility of establishing the pretrial proceeding for defendant's guilty plea. The necessity part includes three aspects: rapid processing of crime and restore social order; improving judicial efficiency and relieve the pressure; protection of human rights and to achieve the maximization of the interests of the accused. The feasibility part mainly discusses the conflicts and harmony between pretrial proceeding for defendant's guilty plea and substantialism, the request for the relation between a crime and a penalty and Rules of Evidence in China. The thesis also discusses the problems in criminal procedure and the outlook for the future.Part four is about the establishment of pretrial proceeding for defendant's guilty plea in China. Two ideas should be obeyed in establishing the process: firstly, justice is the first choice of this process; secondly, we should fully elaborate the efficiency of the process. Meanwhile, in order to avoid similar problems of the legitimacy of Summary Procedure, we should change the law before establishing pretrial proceeding for defendant's guilty plea. Then illustrates three principles of this process: voluntary guilty plea, encouraging the defendant plea guilty and the court has the ultimate right of confirmation. Finally, besides specific designs of the process, some related systems are discussed too, such as endowing the defendants with the right to choose process, sentence reduction etc.