A Research On China's Defendants' Compromise Confessions Proceeding

The China's Defendants' Compromise Confessions System is a criminal justice system launched by the Standing Committee of the National People 's Congress under the influence of the theory of "criminal wide-ranging",aiming at constructing the criminal cases diversion mechanism,improving the efficiency of criminal proceedings,optimizing the allocation of judicial resources and protecting the rights of criminal suspects and defendants.This system achieves lenient punishment on the substantive and procedural simplicity for the defendant pleaded guilty case,and thus be called the Chinese version of the "plea bargain".At present,the system is still in the pilot stage in judicial practice,on the legislative level,a complete legal system of norms has not yet been established in our country;on the judicial level,it is difficult to be implemented effectively and uniformly due to differences in local judicial habits and cognitive.This paper focuses on the operational procedures of the system,makes a comprehensive analysis on the legislative background and judicial status of the system from a positivist perspective,points out the dilemma and causes the system facing in practice,especially the impact brought by the reform of the quota of judges and procurators.This article also adopts comparative methods,contrasting the procedure of this system with that of the plea bargaining system in America which fully borrowed the due process safeguard mechanism of plea bargaining and put forward a rich conception of the practical operation of the system in criminal litigation.By constructing the application system,reforming the evidence proof mode,perfecting the system safeguard mechanism,this paper providing a useful reference for the judicial practitioners based on the realization of the divisibility of confession and non-admission in public prosecution.