The Comparison And Reference Of American Plea Bargaining And German Negotiation System

With the improvement of people's living standard,the number of natural criminals in the criminal type is reduced,the number of statutory crime increased,the change of the crime type leads to the development and dissemination of the criminal punishment mode.Countries began to resolve case disputes through coordination and communication,such as the plea bargaining system in the United States,the negotiation system in Germany.The lenient punishment of criminals guilty of guilty pleas is a criminal justice tradition in China,but with the increase of the number of cases and the complexity of the case,the traditional criminal policy can not meet the purpose of rationalizing cases and improving the judicial efficiency.In recent years,China has proposed to perfect the leniency system,although there are some system basis for the leniency program design,but many specific procedural design,rights protection issues need to be resolved.The Lighter of the criminal suspect and the defendant is not unique to our country,in the American plea bargaining system,the german consultation system also differentiates between the guilty plea and the plead guilty defendant,and the physical punishment and procedural simplification are different from the provisions of the ordinary procedure.The development of American plea bargaining system has a hundred years history,and the german consultative system has decades of history,so this paper attempts to learn the advantages of the extraterritorial negotiation system to improve the leniency system.This paper adopts a comparative study of the procedure of plea bargaining and negotiation system.The first part mainly introduces the basic concept,classification and development of plea bargaining and negotiation system.Plea bargaining is mainly the agreement between the defence and the prosecution,which is divided into sentencing transaction and charge transaction.The consultation system is a collectivity concept,including guilty negotiation,not negotiation and negotiation of criminal penalty command.The second part mainly introduces the operation steps of plea bargaining and negotiation system,including the start of procedure,the process of negotiation and the result of negotiation.The initiation of plea bargaining is the agreement between the prosecution and the defense before trial,and the court decides whether to recognize the agreement between the prosecution and the defense.The consultation system not only happens before the trial,but also negotiates in the trial,and the case judgment is not the result of plea negotiation,but the result of the court trial.The third part analyzes the specific reasons and specific manifestations of the common and difference of plea bargaining system and consultation system.Plea bargaining in the adversarial system litigation structure,the pursuit of litigation efficiency,is a basic,approximate fairness;The consultation system is the pursuit of fact truth in the Authority Principle model,adhere to the principle of legal sentencing,does not recognize the view of transaction with the respondent.Therefore,the two have some similarities in the procedural goal and the protection of the rights of the accused,but the specific procedural operation and sentencing results are different.The fourth part introduces the background,shortcomings and imperfections of the leniency system.First,the leniency program in the leniency program is too narrow,we should expand the scope of leniency from leniency to punishment Secondly,the status of the subject matter in the plea case needs to be improved,including the initiative of the choice of procedure,right of relief;Finally,the sentencing standards should be unified.At present,the revised sentencing guidance is promulgated,but the lack of the sentencing of guilty recognition from lenient cases,the institutionalization and standardization of the procedure need to be improved.This paper briefly introduces the system of extraterritorial criminal consultation,focusing on the legal provisions and specific rules of the United States and Germany,although not comprehensive,but the research object is typical.The establishment of perfect system is not easy,the consultative system of the United States and Germany,they also experienced a spiral,rising block development process.Our recognition of the leniency system will also experience doubt,controversy and recognition process,we very much look forward to the early improvement of the leniency system.