| With the pursuit of the diversification of the value of the criminal litigation system,the cheap prosecution system has gradually come into the public view.The American plea bargaining system and the German plea bargaining system all contain the pursuit of the economic value of criminal proceedings.It is the due meaning of the plea bargaining system in various countries to grant certain discretion to procuratorial organs and protect the litigation rights of litigants while improving the litigation efficiency.Moreover,the international community has also given full recognition to the plea bargain process.2002 of the Rome statute of the international criminal court(hereinafter referred to as the "Rome statute")is a product of countries after consultation,in today’s society is the adversary criminal procedure and the functions and powers doctrine of fusion results,including a plea consultation system have twofold more pattern color,don’t ignore the accused person the guarantee of litigation rights,and can guarantee the court in a dominant position in the case,with unique characteristics.In2018,China established a lenient system of guilty admission and punishment,which has simplified and complicated procedures.Under the background of judicial reform with "trial as the center",it is of great significance for China’s criminal procedure system to continuously improve the speed of litigation and effectively and reasonably allocate judicial resources while emphasizing the objective truth of cases.The system of plea bargaining in the Rome statute is compatible with the system of lenient admission of guilty plea in our country,and has certain reference value.This paper makes a comprehensive use of logical reasoning,comparative analysis,case analysis and other research methods to the international criminal court plea negotiation and China’s lenient system of guilty admission and punishment.Except the introduction and conclusion in this paper is divided into three parts: the first part is on the prosecution cheap and pleaded guilty to consultation system comprehensive introduction and analysis,by investigating the outside conditions was carried out on the necessity and inevitability of a plea agreement procedure,and with the birth of the international criminal court(ICC)for clues to further expound a plea agreement procedure stipulated in the Rome statute.The second part of this paper discusses the system from the legislative basis and judicial practice through the first plea bargain case of the international criminal court,grasps the advantages and disadvantages of the plea bargain system in the Rome statute,and comprehensively combs and investigates the system.The third part focuses on our plea consultation system of legislation and practice,comparative analysis the defect of a plea agreement procedure in our country,including: the duty lawyer orientation and objective need of conflict,the conflict between the court review the function and the judicial practice,prove standard value and law of conflict and negotiation of sentencing and corrective justice conflict.To solve above problems,the author according to current legislation in combination with outside the judicial practice,on the premise of Rome statute for reference,put forward the corresponding legislative and judicial conception,mainly including redefinition of duty lawyer legal status in China and gives relevant judicial safeguard,pleaded guilty to program control review the reshaping of the structure,the analysis of the confession program certificate standard as well as build conforms to the consultative judicial sentencing preferential system.Draw up the blueprint of the system of leniency of confession and punishment both in thought and in practice,and construct the negotiation procedure with Chinese characteristics. |
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