Defendant Conditional Guilty Plea Penalty System For The Study Of A Number Of Issues

The establishment and implementation of the defendant pleading guilt with requirements is the fusion of criminal justice system and economic and social development. It is also the fusion of public power and private right. This article introduces situation at home and abroad of the judicial cooperation system, analyses the basic theory of Concepts and characteristics of defendant pleading guilt with requirements firstly, and explores the judicial philosophy—justice,efficiency and human rights needed by this system, and collects a lot of material and data. At the same time, aiming at the questions between this system and the principal of legally prescribed punishment for a specified crime, presumption of innocence and the truthfully answer obligations of criminal suspect, this article will analysis, combed and respond. Especially, this system is a balance between the defendant, the victim and the Social public interests. It is also the result between the truthfully answer obligations of criminal suspect and corresponding rights. Moreover, in the current situation, the smooth running of the defendant pleading guilt with requirements requires specific restrictive factors, and it is limited in special cases. Through the above arrangement, this system can play a role, implement the function and applicate the meaning in orderly peripheral environment and specific built-in program.