Research On Criminal Consultation System

The victim's interests are ignored in traditional criminal justice,and with the instant development of China's economy and the further reform,a series of conflicts occurred and influenced the social harmony,including the conflict between the fast growing criminal rate and limited judicial resources.How to solve the problems becomes a real-life task.Criminal consultation system is the solution to these questions.The author tries to sum up the experiences and opinions of different countries,analyze the conception and features of criminal consultation system,and discuss the necessity of import the system into China,expecting that provide a solution to the conflicts between efficiency cost and judicial justice.This thesis contains five parts.The first part analyses the theoretic problems of criminal consultation system so that excellent bases are made for its application in China.The second part investigates the theoretical bases of criminal consultation system.Criminal consultation system bases on theory of judicial harmony,the protection of human rights,procedural justice and efficiency.These theories analyse the rationality of criminal consultation system from different views.The third part analyzes criminal consultation system from three views.It summarizes the differences and relations about criminal consultation system and plea bargaining,victim-offender mediation and restorative justice.The fourth part describes the functions of all the subjects of criminal consultation system including the procuratorial organ,the defendant and the victim. It is necessary to let the victim to join in criminal consultation and it also proposes the suggestion about the public prosecutor freely decides after deliberation the power and the help from lawyers.The fifth part is concerns of setting up criminal consultation system with Chinese characteristics.Firstly,it analyzes the necessity of criminal consultation system in China.Secondly,it makes some suggestions on the applicability,condition,content limitation.Finally,with the transformation of the concept and the improvement of the system,criminal consultation system can develop well.