The Research Of Reconstruct The Negotiated Procedure In China

To reconstructed the negotiated procedure, existing negotiated procedure should be consummated, then strengthening the institution that investigator can quash a case, improve the decriminalization measure, enlarge the discretion of procurator and the scope of conditional non-prosecution should be expand. We should also lead in plea bargaining then reform the summary procedure, give the participant right to choose the procedure. The scope of negotiated procedure doesn’t mean that justice is on sell as long as the procedure can limit the power of judicial office, and ensure the voluntary of defendant. Reform the pretrial conference and it should ensure the right of defendant to choose procedure which will suit to his case. The existing admission procedures should be integrated in the prospective criminal procedure law to build an independent guilty pleas process and it is the "third procedure".The negotiated procedure isn’t a procedure which deconstruction the conventional procedure but cooperate with it.