The Study Of Pretrial Proceeding For Guilty Plea

It is the word’s common practice to simplify the trial for the defendant who plead guilty. Speculating the proceedings to defendant’s admission of gilt cases worldwide, a model different from the traditional adversarial justice heaves into sight which is marked by negotiation and cooperation. Recently, this new model has stepped over the different genealogy of law. According to this method, relative regulations have been found in both the continental legal system and the system of Britain. The plea bargaining in America, the pretrial proceeding for guilty plea in France, procedure of punishment writ and the negotiations in the criminal system in Germany, the simple public trial proceedings and the summary procedure in Japan are all featured in this new model. So this thesis researches the pretrial proceeding for guilty plea and searches for simple regulations around the world. This thesis finds the basic theory of the pretrial proceeding for guilty plea according to the differences among different regulations; According to this differences, we can find the factors that can affect the regulations of the pretrial proceeding for guilty plea. As well as the validity, the pretrial proceeding for guilty plea has limitations, too. To solve for this problem, this thesis sends out the suggestions of "interactions between two criminal procedural law".The proceedings for the defendant of our country who admit guilty has many limitations. The pretrial proceeding for guilty plea can solve these problems in many ways. According to the judicial environment of our country, Opportunity coexists with challenge. The new criminal procedural law which is modified in2012applied new opportunities to found this proceeding in our country. Since this proceeding is found in practice, and is the introspection of the traditional adversarial trial. And at last, this thesis states the concrete process of how to found the pretrial proceeding for guilty plea in our country.