Transaction Exemption Applies In The Field Of Criminal Law And Regulation

Transaction exemption refers to the court before judgment, the suspect, accused of the crime and public security and judicial immunities to some extent by judicial transactions.Criminal transaction exemption system is designed on a series of institutional trading exemption applies and regulation. Utilitarianism, judicial efficiency, the purpose of punishment theory rich content to provide a theoretical basis for the legitimacy of the criminal transaction exempt regime basis : Trade-offs under the guidance of a more utilitarian concerns select more significant public interest and the interests; Value pursuit of judicial efficiency while ensuring fairness to maximize the premise, with minimal judicial inputs for optimal social effect; The purpose of punishment theory through the use of penalty punishment to criminals painful feelings, and ultimately achieve the goal of curbing criminal penalties utilitarian effect.The overseas countries will have its own typical transaction exemption forms, such as the United States, plea bargaining system and testify transaction exemption system, the German criminal consultation procedure, the French pre-trial plea procedures and criminal mediation program, the Japanese judicial trading system, these countries about transaction exemption in the field of criminal law and regulations applicable to the systematic and mature already formed a relatively complete legal system and legal awareness. In contrast, the transaction exemption legislation in the field of the main provisions of the criminal law in surrender, meritorious service, simple procedures, common procedure summary proceedings, criminal reconciliation system, criminal procedures, a single-speed cutting system or program, also appeared in the practical operation practice over the status quo and regulations, " testified trading ", " plea bargaining ", " defense trial deal" and so on. Trading in the field of criminal law, the exemption applies purposeful diversity, in the form of random, non-final program, the magnitude of fuzzy characteristics.The field of criminal law are public law, the exemption applies if the transaction can not follow, the program can easily lead to abuse disorder, to the detriment of the legitimate rights and interests of criminal suspects and defendants and victims. Therefore, it is necessary to carry out the transaction exemption regulation system in the field of criminal law that applies in criminal transaction exemption system more smoothly. First, a clear application of the principle of criminal transaction exemption system. Limited public security and judicial principles applicable requirements necessary in the absence of an exemption in the form of the transaction can not be replaced by normal legal procedures, sentencing range scope and crime cases judicial immunity must be limited to transactions within a reasonable range. Procedural safeguards in criminal transaction exemption system principle requires the victim to listen to the views of procedures to follow, the judicial confirmation process, Judge fact-finding process. Voluntary principles require transaction intention to make a voluntary, rather than outside of such circumstances or improper promises made do not understand the truth. Principle of good faith requires public security and judicial and criminal suspects and defendants must keep their promises, otherwise it will bear the adverse legal consequences.Secondly, in the form of exemptions can choose to surrender meritorious transaction exempt transactions, reconciliation transaction exempt transaction exempt testify, pleaded guilty to four types of exempt transactions, and has risen to the system to improve the law, the practice of the status quo drifted outside the system in a timely manner through the form of legislation to be regulated system.