| With the establishment of criminal reconciliation procedure, fast-track sentencing procedure, and the system of leniency for admitting guilt and accepting punishment in the Chinese Criminal Procedure Law, consensual criminal procedure has become a dominant form of criminal procedure in China. Scholars have made theoretical summarizations of this new form of criminal procedure and used different terms to describe it. Compared with the terms of "cooperative criminal procedure" and "consultative criminal procedure", the term of "consensual criminal procedure" is deemed to be more appropriate. Consensual criminal procedure includes consensual criminal litigation act and consensual criminal procedure. The former refers to the act by which the prosecution and the defense agree on specific matters in the criminal procedure on the basis of the defendant's admission of guilt, while the latter refers to the sum of consistent litigation activities and litigation relations composed of the defendant's admission of guilt, the consensus between the prosecution and the defense, and the judiciary's handling of cases in accordance with the law and the consensus. Consensual criminal procedure and adversarial criminal procedure are two basic forms of criminal procedure. The basic framework of the consensual criminal procedure has been established in the 2018 Criminal Procedure Law, but the procedure still needs to be systematized by establishing the special principles of consensual criminal procedure, defining the rights of the parties in the procedure, and improving the prosecution and trial procedures. |
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