On The Construction Of Chinese Confessing Negotiated Procedure

In 2014,China started to plan the construction of China's defendants' compromise confessing procedure,which has been in use since 2016 and is now about to end.The new round of misdemeanor litigation system reform is about to start.During the piloting,the Supreme People's Procuratorate proposed to learn the benefit elements of plea bargaining and construct the confessing negotiated procedure jointly with lawyer and some procuratorates also put that into use.The writer's group led a research on a procuratorate which carried on practicing.Italy tried to build an adversarial trial system in the judicial reform,and the pleabargaining system was introduced into criminal special procedures.Italy amended the rules of plea bargaining a lot to adjust their judicial tradition and complicated conditions.and it came out to be the “applicazione della pena su richiesta delle parti.” Italy and China both have the commonlaw traditions.The background and the process of its judicial reform have many reference meaning to our construction of confessing negotiated procedure.Based on the practical experience of China's practice,this article uses a combination of comparative research and empirical research to compre hensively discuss the reform of China's confessing negotiated procedure,and submit some suggestions with the experiences of Italian judicial reform.This paper mainly expounds from four aspects: the first part introduces the reform practice in China,summarized a series of China's reform and analyze the data summarized from the reform;the second part introduces the Italy "the application of punishment upon the request of the parties" Procedure,which is discussed from the background of Italy judicial reform,the process of the reform and the introduction of five different special criminal procedures;the third part introduces the characteristic and enlightenment of the Italy judicial reform and the Italian plea bargaining;The fourth part elaborates the construction of China's confessing negotiated procedure from different angles.