The Negotiated System in Criminal Procedure
|School||East China University of Politics and Law|
|Keywords||Criminal Procedure Negotiated Justice Logic Origin Theoretical foundation System construction|
With the development of modern society, the interests tend to the pluralism day by day. Traditional crime control theory and penal system could not meet the needs of the developing modern society. Since the criminal justice system is trying to reconcile the fairness and the efficiency interests, it is necessary to change the way of thinking and reform criminal procedure system accommodating the demand of the modern social development. Giving consideration to the interests of the defendant, victim and society as a whole, community adjudications and other informal adjudicating processes have emerged into the traditional format. Among them, a new kind of judicial model-“Negotiated Justice”- has particularly attracted people’s attention in the criminal law practice of many countries. This essay will analyze the introduction of this kind of judicial model in our country’s criminal justice system as the logic starting point. The full essay will be divided into four parts:The first part will begin with basic the framework of the prosecutorial models, analyze the drawback of inquisitorial system, point out the shortcoming of the mainstream accusatorial model, and recommend the negotiated justice model in China. The second part will discuss the contemporary trend throughout the world, compare the similar system in current china criminal justice practice, and layout the outline of negotiated justice system. The third part will, from a legal positivism standing point, talk about the correlation and distinction between the traditional judicial model and the negotiated justice model. The theoretical origin of negotiated justice will be explored in further detail. The last part will list the social background and realistic reason for the legal reform and propose the complementation of negotiated justice system in China.