Outline Of Criminal Consultation System

As a society control engineering, criminal procedure's purpose is to guarantee specific society interests. If the claim is different, the protective measures, i. e. the mode Of criminal procedure is different. Interests protected by criminal procedure is multivariate, including general society interests which require to uphold society security and legal order, offender interests which require reasonable judgment and judicial treatment, victim interests which require moral material compensation and impartial judicial treatment. Because of the limit of subjective and objective conditions, no country can protect all of interests fully and roundly. So in a society with multivariate interests, the policy must be the result of harmony and compromise between conflicting interests Guided by the principle of equilibrium interests, criminal consultation system is a criminal procedure in which the accuser and the accused have a dialogue and cooperating with each other, getting to a common view about the criminal case. The system emphasizes dialogue, cooperation and mutually beneficial, not antagonism, including plea-bargaining restorative justice In our country, there are some cases containing criminal consultation which is a big crash to our criminal procedure which requiring a response necessaryIn this paper, I tracked back to the society background of criminal consultation system, analyzed legal theory, approached legitimate bottom rationale and litigation value, and estimated other countries' criminal consultation system and their characteristics Finally, combining our actual conditions, I analyzed the necessity and feasibility of structuring criminal consultation system in our country , and proposed a practical plansThe significance of criminal consultation system to our country's criminal procedure, means more than making up the system's defect, but also providing a new criminal dispute settlement whose purpose is to balance society interests. victim interests and offender interests in criminal procedure.