The Logic,Genealogy and Approach of Consensual Justice:A Perspective on The Application of the Plea Leniency System in Felony
As a new paradigm of global criminal justice,consensual justice needs to be controlled within the scope of fairness and justice,but it goes beyond the range of traditional procedural justice and requires a shift in the frame of reference to provide a new intellectual support.The justice orientation of consensual justice lies in the discovery of hidden truths through cooperation,based on the dynamically corrected distributive justice and a view of punishment that satisfies the rational interests of citizens.As a consensual justice in the Chinese context,the plea leniency system has the basic feature of rights-based and the unique value of developing and guaranteeing the whole process of people's democracy,so it should pay special attention to the subject status of the prosecuted.The genealogy of justice should be developed in a progressive manner,which is reflected in the arbitrariness of punishment before consensus,the"adjudication of evidence during consensus,and the confirmation of the consequences of interests.The correction and justification of the plea leniency system should break away from the dilemma of applying it to felony cases,seek multipolar control of value goals,strengthen the equal cooperation and access mechanism under prosecutorial leadership,unify the generation of consensual facts with evidentiary adjudication and clarify the remedial function of trials.At the same time,because confrontation and cooperation are indistinguishable,their joint interaction in the plea-bargaining process should be taken seriously.
Consensual ProcedurePlea Leniency SystemFelonyFairness and Justice
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