On The Construction Of China's Plea Bargaining System

In the world,the typical system for negotiating between the prosecution and the defense on the issue of conviction and sentencing is the US plea bargaining system.Most criminal cases in the United States are resolved through plea bargaining.The purpose of the United States to build the system is to address outstanding issues such as rising crime rates,a surge in criminal cases,and inefficient litigation.In China,the number of criminal cases remains high,and the serious shortage of judicial resources and the low efficiency of litigation are also problems that plague China's criminal justice field.In order to improve the efficiency of litigation and alleviate the pressure of handling the case by the judiciary,China revised the Criminal Procedure Law in 2018,and established a system of criminal prosecution and confession and punishment.The procuratorial organs,criminal suspects,defendants and their defenders have actually relied on these systems for a certain degree of negotiation.The confession and confession signed by the criminal suspect is essentially the result of consultation between the prosecution and the defense.The court should generally respect this.In judicial practice,the complaints authorities,including public security organs and procuratorial organs,and criminal suspects and defendants have been negotiating on the issue of guilt,which has always been an undeniable reality.However,China does not have a comprehensive legal system that clearly defines the subject,content,procedures,effectiveness,and related supporting measures of the negotiation.For such practical activities,if the law cannot be effectively regulated,the legitimate rights and interests of criminal suspects and defendants are difficult to be effectively protected,and some illegal and criminal acts may also breed.On the other hand,outside the United States,the United States,Italy and other countries and Taiwan's Taiwan have clear legal regulations,such as the US plea bargaining system,Italy's application of penal procedures at the request of the parties,and the confession and negotiation system in Taiwan.It is necessary for China to learn from the experience of extraterritorial and clearly construct a system of consultation and defense.China has the necessity and feasibility of constructing a system of consultation and defense.Achieving the value of criminal proceedings,implementing criminal policies and transforming China's current criminal litigation model are important reasons for the system to be constructed.The in-depth concept of contract and humanism,the revision of criminal procedure law and the accumulation of judicial experience provide feasibility for the construction of this system.In the construction of the consultation and negotiation system,it should proceed from the following aspects: First,the main body of the negotiation and consultation is the procuratorial organ and the criminal suspect,the defendant and its defender,the public security organ and the supervisory organ are not the main body of negotiation;second,the negotiation The content can only be carried out on the issue of sentencing,and the crimes and crimes cannot be negotiated.Third,the stage of negotiation can only be the stage of reviewing the prosecution and trial,and the negotiation and stage of investigation can not be conducted in the investigation stage;Strictly abide by the procedures of initiation,operation and termination of negotiation to ensure that all links are legally and effectively carried out.Fifth,the results of the consultations shall be legally binding on the procuratorial organs,the people's courts and the respondents.In addition,attention should be paid to the construction of relevant supporting measures,such as safeguarding the rights of victims to litigate,increasing the degree of participation of lawyers in the case,and ensuring the voluntary participation of the prosecuted in consultation.