On The Construction Of The Negotiation Procedure Of China's Accusation And Defense

Along with the convening of the nineteenth Congress of the Communist Party of China,running the country according to law is one of the theories to carry out the whole process of socialist construction and development,and it is the path for building a country under the rule of law and building a country under the rule of law.The construction of prosecution and defense consultation procedure can not only solve the contradiction between the relative lack of justice and the rising rate of crime in the process of social development,but also more effectively protect the rights and interests of the litigants,while giving full play to its guiding and educational functions while playing a compulsory role in the law.The effective construction of the procedure of accusation and defense consultation in our country will guide the clear direction of vague concept of rule of law and immature criminal group,so that it can have the greatest extent of recognizing errors and correcting errors,thus playing a positive role in social development.The negotiation procedure called in extraterritorial plea bargaining system is based on the American plea bargaining system as a carrier combined with the specific conditions and the formation of the negotiation procedure of plea bargaining as a legal system in western countries,the reform program is nurtured by social environment is different from our country,how to build a line with me China's plea bargaining procedures in the academic community wide thinking.Therefore,combined with the current academic theory and social practice,this paper is based on the judicial environment in our country on the basis of the negotiation procedure construction,combined with the appropriate theoretical basis of plea bargaining,construct the existing system and absorbs the domestic and foreign related programming experience in analytical thinking,in order to construct the contribution Chinese characteristics the consultation process,to improve the legal system Chinese characteristics make a modest.The process of accusation and defense consultation has been widely accepted by the world at the present stage.Among them,the continental law system is widely applied because it guarantees the equal status of both sides of the prosecution and defense and can quickly close the case.In China's judicial environment,the prosecution and defense parties are not based on an equal status,and the basis of negotiation is gradually formed and accepted in the process of continuous improvement of legal environment and deepening of legal consciousness.Therefore,the procedure of consultation and negotiation is bound to be widely applied.Along with the convening of the nineteenth Congress of the Communist Party of China,running the country according to law is one of the theories to carry out the whole process of socialist construction and development,and it is the path for building a country under the rule of law and building a country under the rule of law.The construction of prosecution and defense consultation procedure can not only solve the contradiction between the relative lack of justice and the rising rate of crime in the process of social development,but also more effectively protect the rights and interests of the litigants,while giving full play to its guiding and educational functions while playing a compulsory role in the law.Under the background of China's judicial reform,the author explores the process of building up a process of accusation and negotiation with Chinese characteristics,and puts forward suggestions for building up the process of prosecution and defense consultation from the objective aspect.The first part of this paper describes the meaning and significance of construction consultation program,made a plea bargaining in the broad definition,and the plea bargaining subject,scope,content,time,way and the characteristics are summarized,the cognition in the program and understand the significance of the consultation process,and put forward in terms of the protection of human rights and procedural justice judicial efficiency and social benefits for our country to build the consultation program to make theoretical groundwork.The second part of the area of foreign typical countries of consultation program are described and compared for the different characteristics of cognition,in order to construct a proper procedure of plea bargaining in China's judicial system.The third part from China in the judicial practice of plea bargaining nature practices Prudential identity,if applicable in China's judicial reform and the plea bargaining cases,set up and pleaded guilty to penalty leniency system establishment,the procuratorail organs of the non prosecution discretion system and social practice,that I at the present stage of our country has the realistic foundation for establishing plea bargaining procedure.The fourth part points out the specific meaning and the characteristics of the negotiation body,scope,content,time and way of China's arbitration and defense consultation process,and clearly sets out the concrete assumption for our prosecution and defense consultation procedure.