Research On Criminal Evidence Contract In Consultive Justice

This paper stood Perspective "contract" discusses the criminal justice system. Consultation in the field of criminal justice is a "negotiated" system metaphysical generalization, as an independent field also has its own laws of motion, change and development. If the "negotiated justice field" is a stage, then the "evidence contract" is beating dancers on stage, due to different contractual relations of equality and assigned to each dancer different roles. Specific to the negotiation of the Field of Justice, the contract could have accused Central Criminal Private Prosecution both equal "contract" may be stronger than the state authorities have accused the party of equality misplaced "single agreement." No matter what form they are united in the contract, the two sides can continue to negotiate.The wording of this article can be divided into logical and sub Subjects on two parts. Wherein the first chapter to the fourth chapter general part introduces the basic concepts of the topic, Elements features practical operation and Reality. Chapters V and VI for the sub-part theory, in consultation justice system, introduced the "single agreement" of the penal system and the "contract" of the penal system.Determining the first chapter concepts. Carding scholars point of view, the concept of justice and consultations determined by comparison with traditional justice model summarizes its characteristics. Through equal relationship hierarchical understanding of evidence contract is subdivided into "single agreement" and "contract." Finally, based on the understanding of field theory, with innovative function modeling interpreted evidence in the operating contract negotiated justice.Characteristic elements of the second chapter. Based on the understanding of the field of private law civil contract, drawing scholars point of view, summed up the characteristics of the constituent elements of criminal evidence contract.Chapter III applies justice. Negotiated justice, the fact that negotiations between the parties does not exclude the existence of objective facts. The chapter on the basis of theoretical study on the relationship between the two combing the two in practice the use of the case, and thus the summary criminal justice evidence contract negotiated in the status negotiation justice position in the judicial environment.Chapter IV realistic basis. This chapter reviews the reality from a multidimensional conditions negotiated justice in our practice, streamline the Contract and Criminal Evidence fit our social environment.Chapter 5, "single agreement" of the penal system. One of which is a consultative body to national jurisdictions, one for the main man was prosecuted by Chinese and foreign comparative reference, the chapter focuses on the consent searches, tainted witness immunity, the public force cooperation and consultation of plea bargaining, separate sentencing regime "single agreement"of the evidence.Chapter 6, "contract" of the penal system. Although subject to negotiation equality of victims and the prosecution of persons, but the two sides desirable but in any case not open around public authority intervention. Consideration of the independence of the relevant chapter defining issue "contract" of evidence contract. The evidence like state mainly in the criminal case of private prosecution, the Private Cooperation in Criminal Supplementary Civil and conciliatory in.