Applicability Analysis On The Construction Of The Investigation Anddebate Trading System In China

Investigation and debate trading refers to the investigating authorities in order to obtain confessions and active cooperation of the suspect,to not filing, reducing finds alleged offenses involving or apply coercive measures is low and closed as soon as the conditions,with the suspect or his counsel to negotiate a final agreement and institutional.Investigation and debate transaction is transplanted to American concept of plea bargaining system and China the concept.Through the investigation of trading activities, you can take the initiative to get the suspect confessed to the detection of those facts are unclear and insufficient evidence of the case for action to save resources and improve the efficiency of the investigation, to ease the backlog pressure is important.At this stage, no provision of Investigation and Debate trading system in the law, but in practice there have been a lot of investigation and debate the phenomenon of the transaction, the investigating authorities use trade defense instruments investigation uncovered a large number of cases detected easily.However, because in this way no laws to regulate the practice can not follow, leading to detect illegal trade debate powers of the suspects, is not conducive to establishing the legal authority.I learn from Europe and America on the basis of plea bargaining, based on China’s national conditions, combined with China’s judicial environment, as well as point out the feasibility of constructing realistic basis Investigation and Debate trading system, and further propose concrete ideas to build our investigation and debate trading system.This paper consists of four parts:The first part of the investigation and debate summary of the transactions. Background investigation and debate generated transactions, that is, drawing on the concept of China raised on the basis of American plea bargaining, and then reference the concept of plea bargaining, the concept of Investigation and Debate transactions. Comparison with existing domestic legal system of Investigation and Debate transaction related legal system, pointing out that the trend of China’s legislative debate for constructing surveillance trading system. Then compare the relevant legal system abroad and learn from the advanced experience of foreign ingredients and reasonable to build for our investigation and debate trading system.The second part of the investigation and debate the legitimacy and feasibility ofbuilding trading systems analysis. First, build the legitimacy of Investigation and Debate demonstration trading system, namely the low overall detection rate of criminal cases; judicial practice investigative organs have begun to use trade defense instruments investigation; Investigation and Debate trading lawsuit can improve efficiency and save judicial resources; Investigation and Debate dealings conducive to the realization of the penalty function; Investigation and Debate transaction is to reconcile the inevitable outcome of the legal value conflict, help update the concept of criminal proceedings. Again demonstrate the feasibility of building the system of investigation and defense trade, mainly from the following aspects to start discussion: the legal aspects of the feasibility analysis; practical level feasibility analysis; feasibility of policy-level analysis; feasibility analysis of public opinion level. After the above arguments, the final investigation to clarify the debate trading system in our building have legitimacy and feasibility.The third part, investigation and debate transaction running dilemma in practice. Due to legal issues of investigation and debate trading in China belongs to the front, the related theory is not mature, leading to some problems in practice, mainly include the following aspects: the lack of a clear legal basis; fair value questioned whether; investigation and debate fair abuse; how to determine the validity of the transaction of investigation and debate the contents of investigation and debate the transaction; who will oversee; whether the transaction will damage the interests of the victims of investigation and debate. The above question existence will hinder the investigation and debate trading system construction in China, in the design of investigation and debate trading system must be properly solved.The fourth part, investigation and debate trading system on specific ideas of construction in china. This part mainly aims at the construction of China’s investigation and debate trading system should follow the principles and specific ideas is discussed, based on the national conditions, the principle of voluntary principle, the principle of honesty and credit, justice and efficiency principles, the principle of the participation of victims. Design of the specific content of investigation and debate trading system, should be carried out in the above under the guidance of the principles, including the following several aspects: first, must clear the applicable conditions of investigation and debate of the transaction, can make the transaction of investigation and debate in what kind of situation; secondly to limit the scope of investigation and debate of the transaction, which can be applied to thetransaction of investigation and debate case. The investigation and debate trading in China belongs to the new field, so the construction of the system must be step by step, the provisions of the scope too wide will be applicable not applicable program again to specification; investigation and debate transactions; again to ensure that the investigation and debate trading agreement’s legal effect, prevent the investigation and debate trade agreement of both parties for breach of contract; finally, to establish the transaction of investigation and debate supervision and restriction mechanism, making the investigation and debate transactions in a lawful and reasonable environment, eliminate trading power for money and other covert operation.