Move Towards Negotiation Between Prosecutor And Defendant In China:Study On The Experiments Of Criminal Speedy Trial Procedure

Since the enactment of "Criminal Procedure Law" in 1979,the construction of the separation of simple cases from complicated cases is always a hot topic in criminal judicial reform.Under the background of trial-centered reform of criminal procedure system,improving the system of getting leniency with guilty pleading and punishment acceptance,and the construction of the mechanism of handling the guilty plea-not guilty plea cases have become important measures in the multi-criminal trial procedure reform.As the pre-experiment in improving the system of getting leniency with guilty pleading and punishment acceptance,the experience accumulated during the experiment of criminal speedy trial is the important reference to the forthcoming experiment of the system of getting leniency with guilty pleading and punishment acceptance both on institutional design and operational practice.Based on the intrinsic value analysis of litigation efficiency,negotiate justice,right protection,the criminal speedy trial procedure is not only to solve the contradiction between the growing number of cases and the limited judicial resources,but also to join the negotiatory elements in procedure in nature,meanwhile,improve the relevant measures to protect the rights,construct the negotiation mechanism,and make effective measures to realize the judicial purpose of judicial resource allocation and disputes resolution.At the same time,the method of experimentation as a new paradigm of criminal judicial reform,we should play its positive trial mechanism,and promote the benign interaction between theory and practice,consequently,shape the native resource of rule of law,and contribute intellectual power to the judicial reform.