On The Plea Bargaining Procedure In Taiwan Area Of China

In order to solve the heavy pressure of criminal cases,design a simple procedure or the plea bargaining system in every country of the world.Common law countries,even the traditional civil law countries also absorb the spirit of American plea bargaining system,develop different types of plea bargaining model.In order to carry out the reform of the criminal procedure system in Taiwan,China held the "national judicial reform meeting" in 1999,and established the reform direction of the "Modified Adversarial system "after the meeting.The leading of the "Modified Adversarial system ",Taiwan criminal procedure introduces the plea consultation system.After introduce the process of consultation,together with other supporting reform measures play the function of improving the efficiency of lawsuit,has obtained certain achievements of reform.Also,however,there is a loophole in the legislation itself as well as the legislation and practice of the separation problem.This paper aimed to Taiwan consultation procedures based on the study of the legislation and judicial practice experience for the current pleaded guilty to forfeit them from the reform of the system to put forward some valuable Suggestions.In this paper,besides introduction,conclusion,references,thanks,a total of three parts.The first part,from the concept and features of consultation program in Taiwan,the legislative background and the value of Taiwan,the connotation and the lines in the plea bargaining in Taiwan.The second part,according to its legislative text introduces the content of the plea bargaining in Taiwan.Consultation process according to the relevant provisions of the criminal procedure law in Taiwan is mainly embodies the following characteristics:negotiation procedure for sentencing negotiations,not only a felony to negotiate,consultation in the case of public prosecution,the judge shall not participate in negotiations,can negotiate with the content of the limitations,special protection on the rights of the defendant,a partial mandatory defense,the victim is one of the important conditions,the consultation process principle,limit the appeal,the appeal trial for the judge and the law judge.The third part,firstly,on the basis of certain achievements must reform,legislative and judicial practice problems arising from the evaluation,think Taiwan consultation procedures applicable range is narrow;Applicable stage is not clear;The court role is not clear;The victim opinion effectiveness is not clear;A plea and consultative relationship is not clear;Comprehensive compulsory defense system shall apply;Appeal system should be perfected;Negotiation process with other relationship summary procedure chaos.Finally,based on the experience of the consultation procedure legislation and practice in Taiwan,the current confession forfeit from system reform puts forward several Suggestions:1.expand the scope to greater forfeit their system to all the public prosecution;2.in the investigation phase pleaded guilty to rule out the use of greater forfeit system;3.clear the court work center of gravity in the greater confessed forfeit system for examining the defendant pleaded guilty to forfeit their authenticity and voluntary;4.pleaded guilty to forfeit from system should be to apply comprehensive compulsory defense system to reform direction;5.should be clear to solicit the opinions of the victim,but the victim whether agree with the premise of not greater confessed forfeit system applicable conditions;6.pleaded guilty to apply forfeit their appeal case should be prohibited in principle from system,clear the situation could appeal exception;7.greater clear confessed forfeit their system and the summary procedure,the relationship between speed and cutting process.