On The Construction Of Criminal Consultative Process

Because of its under-delayed legality country, Chinese criminal procedure modernization must be based on the indigenization and creative transplantation of western law. Furthermore, China should develop rationalism legislature model, diminish the negative factors among current criminal procedure law and build up the idea of economical procedure in the mention. China should absorb reasonable parts of the empiric rationalism, and respect the spirits of the rational parts of the Chinese traditional culture. While China pursues the internationalization, it must realize the legislature justice of criminal procedure on the basis of the national truth and tradition.The plea agreement, originating in America, is a very crucial criminal procedure system. Concrete speaking, it usually involves the defendant's pleading guilty to a lesser offense or to only one or some of the courts of a multi-court incident in return for a lighter sentence than that possible for the graver charge. It can simplify the criminal procedure and enhance the efficiency of sue. The system aged one hundred years old has been accepted and implemented by many countries in the world. Through historical and o verall inspecting the plea bargaining system and analyzing merits and demerits of it, the author is to sketch out the hypothesis of transplanting the plea-bargaining system and constructing criminal consultation procedure. The thesis is divided into four parts. The first part makes an introduction on plea- bargaining and its background, its theoretical and practical basis. Additionally, the part evaluates the plea negotiation. The second one involve the perspective of the improvements of criminal lawsuit, the advancement of the criminal simple procedure, the balance of the structure of penalty and the implementation of criminal polities, which discuss the necessity of transplanting plea bargaining system and developing Chinese criminal litigation negotiation system. The third charter, in the aspects of theoretical basis, norm basis, practical basis and foreign country' s experience, studies the feasibility of reference to plea-bargaining systems and constructing Chinese criminal lawsuit negotiation procedure. The last charter, the thesis gives the preliminary framework of reference to plea-bargaining systems and building Chinese criminal lawsuit negotiation procedure.Chinese criminal procedure' s modernization must depend on transplantation and creativity. Thus we should adapt plea agreement and construct criminal litigation negotiation procedure based on the value beyond the relativity of specific social and economical structure. The universal value originates from common legal concerning of the mankind.