Criminal Litigation Contract Theory

Criminal litigation contract aims to restore the damaged social order to the original state, key to compensate the victim, the social loss and makes the criminal suspect to turn over a new leaf, crime is a kind of response to systemic response to a series of questions. To solve the crime at the present stage and derive a series of questions are helpful, and the modern judiciary and advocated by the active judicial philosophy, the concept of restorative justice, as well as the national policy makers of the harmonious society idea, highly consistent negotiated solution mechanism and so on. This paper USES system theory knowledge, the use of "a point of view, as well as the combination of two, six levels of organic unity" research train of thought, namely to grasp the "contract" criminal procedure the basic visual Angle, to grasp the combination of "criminal action- contract" a "chain" category; Give priority to with vertical depth, combining the vertical depth and horizontal development; In the scientific definition of "criminal litigation contract", on the basis of discusses six aspects in turn ─ ─ trend of leasing contract, criminal litigation in criminal procedure theory before set with our current criminal litigation, criminal litigation contract coexist, our country criminal litigation contract specific requirements of the regulation, our country criminal procedural safeguard mechanism and optimization mechanism of the contract. On the research methods, with the combination of theoretical research and empirical analysis method is given priority to, and complementary to the historical analysis method, the system theory and value engineering method, method of comparative analysis, data analysis, interdisciplinary research method, literature research and case analysis, and economic analysis method, and the combination of features and common research method of combining, and the integrated use of punishment law, criminal procedural law, sociology, economics, political science, philosophy and other related research in the field of paradigm in this paper.In this paper, the basic research on contract theory in criminal procedure, follow the basic method and the path of criminal procedural law research. On the basis of analyzing the trend of criminal lawsuit leasing, through to the "contract", as the cornerstone category of public law contract and leasing, the concept of criminal procedure; Multidimensional perspective of criminal lawsuit leasing; Investigation domain inside and outside the main shape of criminal litigation contract; From the multi-dimensional perspective of the reform of criminal procedure in approach; To the card into the legitimacy of criminal litigation contract, reason, this paper analyzes the realistic foundation of criminal litigation contract, institutional basis and authority, it is concluded that criminal litigation contract, and criminal lawsuit of our country coexist argument; Demonstrates the criminal litigation contract with our current criminal litigation coexistence, rationality, feasibility and the necessity of the basic mode, puts forward the specific design path of criminal litigation contract in our country, construct the system of criminal litigation contract in China. Including the limits of criminal litigation contract and applicable conditions, main body and procedure regulation, content regulation, the specific procedures, overcome the drawbacks. In order to ensure the criminal litigation contract in our country is able to run smoothly, constructed the guarantee mechanism of criminal litigation contract in our country, including the basic principles of criminal litigation contract, has the principle of legality, the principle of equality, voluntary, honest and trustworthy principle, prohibit abuse of rights principle, comprehensive protection and confidentiality; Update relations theory in the criminal procedure laws, build compact criminal litigation mode; In view of our country in the short term to build a criminal action, there is still a difficult contract mechanism, to perfect our country current criminal litigation summary procedure, conditional not to prosecute, and applicable criminal reconciliation procedure, the parties in the case of public prosecution and for faster build criminal litigation contract system in China to lay the solid foundation. In addition, the mechanism of judicial review of criminal litigation contract from the build, construct the criminal litigation contract remedy mechanism, the establishment of a social investigation and social service mechanism, improve the system of prosecutors sentencing suggests, and improve the system of the spirit of contract of guilty plea five aspects of criminal litigation contract mechanism is optimized. Criminal litigation contract optimization mechanism part of the main contents are optimized configuration of power, introduced criminal litigation contract, including clear investigation discretion within the limit of contract mechanism, establishing the system of criminal trial procedure of right to inform, to silence of the criminal suspect or defendant and shall not force the self-incrimination rights and strictly control trial separation, control court changes; Build criminal lawsuit system of form a complete set of the contract. Such as to set up the tainted witness immunity system, establish the victim country compensation system and based on the parties to reach a lawyer to help in the process of litigation contract system; Optimization of criminal litigation contract mechanism supporting mechanism. Varies as punishment, perfect the challenge system, perfect the defense system and improve the system of court discovery before. Criminal litigation contract has many legislative practice in foreign countries, if it can be institutionalized to run in our country, and inseparable from the concept and the conditions of the system, otherwise, it is likely to become a breeding ground for judicial corruption hotbed, hinders the realization of judicial justice.