Research On The Plea Negotiation System With Chinese Characteristics

Under the background of criminal judicial reform,the central working conference of politics and law proposes that carry out the system of plead guilty and acceptance of punishment in some areas in 2016.The Supreme People?s Procuratorate put forward to exploring the system of involving defense lawyers in the confession sentencing negotiations in the procuratorial link.The current judicial practice in our country is faced with many difficulties: the low efficiency of lawsuit,the backlog of cases,the investigators have the working pressure,the illegal interrogation happen occasionally,the application is not enough to simplify,and so on.These problems are long-standing in the current judicial practice in our country,these problems can not get very good settlement.Our country?s criminal lawsuit activity is seriously affected.Establish the plea consultation system can solve the legal problems very well.So,we need to research the plea consultation system,set up the plea consultation system that accord with national conditions.Except for introduction,there are totally 30,000 words in this paper,which are divided into four parts:Part?is the necessity of establishing the plea consultation system in our country.The establishment of a system must have the necessity of its establishment.In the current judicial practice in our country,the contradiction between people with less in the court and the lots of cases is very seriously,the criminal cases are uprising and the judicial resource have a limited number,the investigators? working pressure is uprising,the low efficiency of lawsuit results in the backlog of cases.The illegal interrogation happened occasionally.The investigators are very difficult in obtaining the defendant confession in practice.The existing application is not enough to simplify,the summary procedure?s applicable rate is low in practice,the cases go through a long working period.So,establishing the plea consultation system in our country is very necessary.Part?is about comparatively reviewing the plea consultation system.The plea consultation system in countries outside prove that this system plays a role in improving efficiency of lawsuit,reducing the backlog of cases.Through the comparative analysis to the plea consultation system in the common law system such as America,UK,Australia and the civil law countries such as Italy,Germany,France.The practice has proved that the plea consultation system can be applied in all countries,under the condition of suit to its national conditions.China also can establish the plea consultation system.The experience in countries outside can provide inspiration in establishing the plea consultation system for our country.Part is the specific factors we need to think about in establishing the plea consultation ?system our country.In our country,the criminal procedure structure,the procuratorial system and the traditional judicial concept have their distinctive features.They are different with those in countries outside.These three aspects have close relationship with the plea consultation system and have a significant influence on the plea consultation system.So,we should give a full consideration to these aspects during establishing the plea consultation system in our country.Part ?is the plea consultation system establishment with a Chinese characteristic.Establishing the plea consultation system in China,it must be have a set of effective system designs,including the basic principle of the system,the subject of application,the scope of application,the details of the system,the court review,the relevant remedy process and so on.It also needs some supporting system in the process of the system implementation,such as the discovery system of evidence,the system of advocacy,standard the power of sentencing suggestion,improve the protection of the rights and interests of the victims,build the supervision mechanism.