The Defendant’s Option Of Criminal Process

The leniency system of guilty plea is a significant task in judicial reform.Giving and protecting the defendant’s option of criminal process is the key of building the variable handling methods of criminal cases,guaranteeing the defendant’s status of litigation subject,and guarding the equal negotiation system of prosecution and defense.The construction of the system of leniency on admission guilty and acceptance of punishment is not yet completed,and there are a lot of overlapping and gaps in the existing litigation procedures.Therefore,this thesis has much research space.By analyzing the current regulations by charts,this paper makes recommendations on the scope of application of relevant procedures.By summarizing the meaning of defendants,this paper predicts the possible situation in the system.By classifying the defendant’s procedural option,the paper intends to make it easier to choose the rule model of protecting defendants in legislation.Drawing lessons from extraterritorial similar systems and procedures.On the basis of the research,to protect the legitimate rights and interests of the defendant and to make the legal system more complete justice,this paper is trying to build an effective diversion mechanism of criminal cases in the system,and to propose the methods of protecting the defendant’s option of criminal process.