Research On Judicial Review Of Plea Negotiation

Judicial authority cannot endure the increasing of criminal cases,in such conditions,the system of plea negotiation which is to balance the justice and the efficiency of the legal system emerges as the times require.It was considered to sell justice cheaply in the U.S.A,and this institution has caused conflicts since its beginning in the western countries just for such reason.One of the major causes of the conflicts is the doubts of prosecution jurisdiction in western countries.But as a whole, the conflicting system has been completing all the times.One of the important reformatory steps is establishing the judicial review system.The judicial review system has been set up in legislation and judicial practice of overwhelming countries and regions.The scholars only involved the judicial review shortly in the past,but this paper focused on stating the system of judicial review in plea negotiation systematically.What will this system bring to current and future? Could it to effect China's criminal justice? Could it be the guide of China's judicial revolution? Those problems will cause people to think in the long times.Part one introduces the institution of judicial review,its conception and character, and the tendency of judicial review in plea negotiation.Part two gives a discourse on the system value and realistic significance of judicial review in plea negotiation.Part three describes classical models of judicial review in different legal system,in order to provide a feasible and scientific consultation for the introduction of China.Part four aimed at analyzing the necessity and feasibility of the construction of the introducing of judicial review system,which makes an adequate preparation for the "Chinalization" of these systems.The last part provides the conception for the constructions of judicial review in plea negotiation so as to prefect the criminal litigation system in our country.