| The right disposition of the accused is not only the key mechanism for modern criminal procedure to maintain the legitimacy of the negotiable or administrative case handling method, but also the inherent reason for the full flexibility and activity of criminal procedure system in the western countries under the rule of law. There are both practical demand and theoretical basis for China to clearly establish the mechanism for right disposition of the accused at the institutional level. Recognizing right disposition of the accused does not mean that the right to waive under any conditions is justified, or that right disposition can be free from any restrictions. On the contrary, right disposition of the accused must meet certain substantive and procedural requirements. The substantive requirements mean that the accused has the ability to dispose and the declaration of will of disposition is voluntary. The procedural requirements means that the public authority has the obligation of notification and that the right disposition of the accused should be limited by the rights of others, public interest and compulsory provisions of the law. In view of the fact that right disposition inevitably reduces the legal protection of the accused and is indeed convenient for public authority to handle cases and that there are many omissions in the mechanisms for guaranteeing the legality of right disposition of the accused in China, the most important task in the current system construction is to clarify the constituent elements of right disposition and the scope of the right that can be waived, and establish of the necessary verification mechanism, so as to prevent right disposition of the accused from being reduced to a tool used by the public authority for achieving specific purposes. |
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