Research On Procedural Justice From The Perspective Of Criminal Procedure Cooperation Model

The establishment of leniency system of guilty plea and punishment indicates that China ’s criminal litigation mode has changed from a single confrontation mode to a dual litigation mode of confrontation and cooperation.There are two main reasons for this change : First,the limited judicial resources prompted us to seek a more efficient model of criminal proceedings;second,the strengthening of the rights of the accused by the criminal procedure cooperation mode conforms to the concept of protecting human rights.The traditional concept of procedural justice is based on the confrontation between the prosecution and the defense,so it can also be called adversarial procedural justice.In the mode of criminal litigation cooperation,the prosecution and the defense give up confrontation,turn to cooperation,and reach a mutually beneficial and win-win criminal dispute solution by looking for the interests of both sides.The goal of traditional procedural justice is to create a competitive platform for the confrontation between prosecution and defense.Under the litigation mode of prosecution-defense cooperation,traditional procedural justice is no longer applicable.The leniency system of guilty plea and punishment,as a typical representative of the criminal litigation cooperation mode in China ’ s judicial practice,has many problems with its value concept and traditional procedural justice.In the leniency system of guilty plea and punishment,the role of the judge has changed from a neutral referee to a reasonable reviewer of the prosecution and defense.The prosecution and defense are no longer in the position of mutual confrontation,and the traditional triangular litigation structure does not exist.The connotation of the neutrality of judges in traditional procedural justice has changed accordingly.The change of litigation structure has also changed the significance of procedural participation,from participating in adversarial trial procedure to participating in plea bargaining;the change in the litigation status of the prosecution and the defense means that the requirements for reciprocity have also changed.The requirements for reciprocity of traditional procedural justice mean that the prosecution and the defense have equal litigation status,equal litigation rights and obligations,which is to ensure that the prosecution and the defense can confront each other equally in the court.In the leniency system of admission of guilt and acceptance of punishment,the two sides have abandoned confrontation,and the traditional requirements for reciprocity are naturally meaningless.Under the cooperation mode of criminal litigation,the requirements of procedural rationality and judge autonomy in traditional procedural justice have also changed.In order to reconcile the conflict between the new litigation mode and the traditional concept of procedural justice,it is necessary to rethink the traditional procedural justice and explore a new concept of procedural justice that matches the new litigation mode.Cooperative procedural justice is a new concept of procedural justice based on the cooperation between prosecution and defense.It does not advocate the establishment of competitive platforms for equal confrontation between prosecution and defense,but takes promoting dialogue and cooperation between prosecution and defense as the basic value pursuit.The specific requirements of cooperative procedural justice include the voluntary nature of consultation,the participation of procedures,the equality of consultation,the respect of judges for the results of consultation and the necessity of consensus review.The voluntariness of negotiation means that under the premise that the accused has a full rational understanding of the negotiation process,the initiation of the negotiation process must fully respect the will of the accused.Procedure participation refers to the accused can fully and effectively participate in the negotiation process;the equality of consultation means that in the process of consultation,the prosecution cannot arbitrarily infringe the legitimate rights and interests of the accused by virtue of its strong litigation ability,and the accused has the right to obtain timely and effective help from lawyers.The judge ’s respect for the outcome of the consultation refers to the fact that,after reviewing the prosecution-defense agreement itself and the formation process of the prosecution-defense agreement,if there is no illegal act,the judge shall decide the case in accordance with the agreement of both parties;the necessity of consent review means that judges must review the content and formation process of the consent of the prosecution and defense to avoid the occurrence of illegal acts.Under the judicial situation of coexistence of confrontation mode and cooperation mode in criminal proceedings,we should also have a diversified understanding of procedural justice.That is,the traditional adversarial procedural justice and cooperative procedural justice are incorporated into the concept of procedural justice,and a diversified concept of procedural justice is constructed.Under different litigation modes,the two procedural justice concepts play their respective roles for the operation of different litigation modes.Building a diversified concept of procedural justice can resolve the conflict between the old and the new procedural justice in theory,but also resolve the contradiction between the leniency system of guilty plea and punishment and the concept of procedural justice,and provide some theoretical support for the transformation and development of China ’ s criminal justice model.