The Study On The Criminal Plea Negotiation Procedure Under The Background Of Judicial Reform

The criminal plea negotiation procedure is a consultative judicial system originated in the United States,the plea bargaining as its typical embodiment.In this procedure,as a prerequisite,the suspect or defendant should confess crime in positively and repent in sincerely,then exchange for a concession in punishment that made by the judicial office.Whether the civil law country or common law country,they have a common and difficult situation in the pressure of justice.Although there is still a dispute in the model of negotiated justice,more and more countries which in order to ease the difficult situation in justice effectively start to learn from the plea bargaining of the United States and establish their own criminal plea negotiation procedure.As it were,plea negotiation has become an important judicial practice in the world,and it is also the future trend of criminal justice.The criminal plea negotiation procedure has not been established in China's Criminal Procedure Law,although there are some positive factors of plea negotiation in some procedures,such as the procedure of criminal reconciliation,and it is difficult to define these procedures as a criminal plea negotiation procedure in a strict sense.At present,our country is undergoing a new round of judicial reform,whether it is to carry out the work of the criminal quick judging procedure or the system of leniency based on peccavi,all of these have shown that our country is also trying to build an independent criminal plea negotiation procedure.This paper consider that comparing with the traditional procedure which express justice explicitly,the criminal plea negotiation procedure can achieve judicial justice in a more implicit way by a flexible accusation and defense,and both of them have no difference in essence,and regard judicial justice as their ultimate value pursuit.So the criminal plea negotiation procedure has a legitimacy basis,and it is necessary to construct the criminal plea negotiation procedure under the background of judicial reform.According to this,on the basis of drawing lessons from foreign criminal plea negotiation procedure and combining with the background of judicial reform in China,this paper come up with a concrete conception to establish a criminal plea negotiation procedure.The main body of this paper is divided into six chapters,as follows: The first chapter is mainly to raise a question: in the current judicial reform,how to establish a suitable and systematic criminal plea negotiation procedure in our country under the framework of the existing criminal legal system and follow the law of justice and consider judicial justice and the efficiency of litigation.The second chapter is mainly to point out that the judicial justice is the essence of the criminal plea negotiation procedure,and the theoretical support for the legitimacy of the criminal plea negotiation procedure includes the theory of the efficiency of litigation,the theory of abandoning the basic rights,the theory of utilitarian value and the theory of objective punishment,and so on.The third chapter mainly expounds the criminal plea negotiation procedure in the United States,the UK,Germany,and Italy from a comparative perspective,and then drawing lessons from these countries to help our country to build a criminal plea negotiation procedure.The fourth chapter mainly makes a concrete analysis of the relevant system,which is closely related to the criminal plea negotiation procedure in the judicial reform of our country.The fifth chapter mainly expounds the necessity of constructing the criminal plea negotiation in our country from the perspective of the characteristics of modern criminal crimes,the judgement centralism,the system reform of the specified number of judicial personnel and the protection of human rights.The sixth chapter is mainly to focus on promoting judicial reform and put forward the concrete idea of constructing the criminal plea negotiation procedure from the aspect of the scope of application,participating subject,the concrete content of negotiation,the proceeding and the remedy of procedure.