On Trial Procedure Of Cases With Guilty Plea Of The Defendants

As for the cases of defendant confession, applying to relatively simp le proceedings has become a common practice all over the world. Since the additio n of the criminal summary procedure in1996, China has made a number of modifications on trial procedure for the cases of defendant confession. But because the justice and efficiency mode does not absolutely exist and the function and powers doctrine affects China, our current trial procedure for the cases of defendant confession have not well protected the defendant’s right of lawsuit： lack of the enough support of pre-trial procedure, the guilty p lea lacks of fully free will and authenticity, the defendants’status of procedural subject falls short of co mprehensive system guarantee, and the judges lacks of full impartiality, etc．Throughout the Two legal systems, the trial procedure for the cases of defendant confession of the Two legal systems have their own characteristics，and there are many differences between them．But they all establish the princip le of presumption of innocence, and endow the defendants with comprehensive litigious rights, for examp le, the right to counsel, right o f disclosure of evidence and right to choose process. This also ensures the lowest degree justice of the trial procedure for the cases of defendant confessio n.Therefore, it is necessary to respect the situation of our country and base on the need of judicial when we are reconstructing the processing, we should not only use the successful experience of the two legal systems for reference, but also the latest research fruit and the latest development of jud icial practice, according the concept of―minimum pro-cedural fairness‖: guarantee the lowest degree justice of the process; fully elaborate the efficiency o f the process.In order to guarantee the lowest degree justice of the process，it is necessary to endow the defendants with comprehensive fights: the right to counsel, right of disclosure of evidence and right to choose process, ensure the free will of guilty plea and the status of procedural subject of the defendants, and the lowest degree justice of the process could be guaranteed too. It is also necessary to devised diversified processes、enrich the pretrial proceeding、adds speedy process for misdemean and penal order process、perfecting the system o f right to counsel and the system o f disclosure of evidence in order to fully elaborate the efficiency.