The Construction Of The System Of Chinese Confession Negotiation

From China's current important file,to promote plea guilty leniency from the development and improvement of the system is in full swing,and has been the strong support of the national will level.And perfect the guilty plea of lenient system is an important point is to build a Chinese plea bargaining system.The plea bargaining system is based on the positive factors that absorb the plea bargain,which is derived from the "Decision of the Central Committee of the Communist Party of China on Several Important Issues in Promoting the Rule by Law " of the Fourth Plenary Session of the Eighteenth Central Committee,and the Supreme People's Procuratorate will "explore the establishment of the prosecution,Sentencing consultation system ".The existence of the "trade" shadow of the plea consultation process,in the civil law countries such authoritarian countries would have been unimaginable.But in the future development of the world,culture in the integration of penetration,the differences between the two legal systems are gradually becoming smaller,in order to improve the efficiency of litigation,the rational allocation of judicial resources,but also to match the world judicial environment,civil law countries Gradually in the reform of the Anglo-American law system to absorb the positive factors in the traditional criminal proceedings on the basis of the introduction of the plea bargaining process.As Holmes puts it,the life of the law lies in practice rather than logic.The plea bargaining process focuses on dialogue and consultation,respects the will of the interested person,and ultimately achieves the win-win of all the participants,essentially from another point of view Perfect,enriched procedural justice.In the judicial practice of our country,the contradiction between the rising crime rate and the increasing shortage of judicial resources is becoming more and more prominent.The refinement of the litigation procedure and the strictization of the rules of evidence make the risk of the prosecution lose.In order to solve this problem,Criminal cases are dealt with through plea proceedings,or thus the case diversion,or thus improve the efficiency of litigation,or thus restore the legal order.Therefore,the study of plea bargaining has immeasurable real value.It is conceivable that the people who support the plea bargaining system believe that the plea bargaining process is a good medicine to ease the contradiction between justice and efficiency.It is considered that the guilty plea is a poison that damages justice.In view of the specific construction of the Chinese-style plea bargaining system,there are many disputes between the basic concepts,principles and rules of modern criminal substantive law and procedural law,and many problems have not been solved in practice.Therefore,in the context of deepening the current judicial reform,it is necessary to define the connotation of the plea bargaining in order to truly construct the Chinese-style plea bargaining system,and to make a comparative analysis of the main modes of plea bargaining in our country's practice,And to clarify the direction of the construction of the Chinese plea bargaining process.In addition to the introduction and conclusion,this paper is divided into four parts:The first part mainly starts from the concept,and makes a rational analysis on the construction of our country's plea bargaining system on the basis of clarifying the connotation of confession and confession consultation.It discusses the necessity of construction in the litigation economy,fairness and justice and the necessity of practice,The second part is mainly from the perspective of China's judicial practice,analysis of the current form of plea bargaining in China,and as a starting point,the analysis of our country in the construction of plea bargaining system encountered in the process of encounter The third part is mainly to compare the Anglo-American law countries and civil law countries or regions of the various plea consultation process,learn from the essence of our country to build a plea bargaining system to provide useful reference;the fourth part of the main discussion of the system Design the specific operation and supervision mechanism,including the principle of pleading guilty,the scope of application,start the main body,the main consultation,the contents of the consultation and the court,the Procuratorate,defense lawyers supervision and protection.