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Web of Proceedings - Francis Academic Press
Web of Proceedings - Francis Academic Press

Research on the Existence Basis and Essence of Criminal Negotiation from the Perspective of Comparative Law

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DOI: 10.25236/iceesr.2021.039


Zhe Li

Corresponding Author

Zhe Li


At present, the construction and development of consultative justice has gradually become the “normal” of international criminal justice. Although there are big differences in litigation modes and philosophies in various countries, especially the fundamental difference between authority doctrine and litigant doctrine, the two The choice of specific systems also shows a certain trend of convergence, and the guilty plea negotiation system is a typical embodiment of this. This is mainly due to the fact that although the actual situations faced by countries are very different, they are jointly coping with the pressure of litigation brought about by the surge in the number of cases on a global scale. The urgent need to open up some cases to handle the “fast lane” is the same, and guilty negotiations are negotiated. Appearance can meet the needs of actual development to a certain extent. Moreover, deep-level theoretical and conceptual changes also gave birth to the “global practice” of the criminal negotiation system to a certain extent.


Consultative justice, Lenient plea and punishment, Criminal negotiation