被追诉人程序选择权研究-诉讼法学专业论文.docxVIP

II II Abstract The defendants option of procedure is a kind of litigious right , that is, according to the defendant’s meaning to started the criminal procedure to some extent，after apply it, he also can change this procedure and its related affairs .It includes three aspects :to start the criminal procedure; to agree or refuse the procedural propose; to change the criminal procedure. About the nature, the defendants option of procedure is not only one kind of rights of disposition, but also one kind of procedural rights too. The defendants option of procedure has four characteristics, free will, in condition of several proceeding, aggregation and proceeding determinant. The defendants option of procedure is not a kind of insignificant right. It has the strongest theory support. For example, theory of human rights protection, theory of subject of criminal proceeding, theory of relatively free will, theory of balance between charge and debate and theory of economical litigation are the important theoretical bases about its emergence and development, especially the first and second theory. Form our countrys current legislation to see, although it regulates the defendants criminal procedure option in guaranteed pending trial system, simplified judicial process, the peoples juror system and Victim-offender Mediation procedure, these regulations are simple, crude and nonactionable, which makes the defendant doesn’t choose the criminal procedure actively. Meanwhile, it makes the legislators original intention can’t reach. There are three reasons about this situation .Firstly, the influence of our country traditional litigation culture; Secondly, the influence of our country guiding ideology of criminal legislation and the traditional model of litigation; Thirdly, relative systems are unlikely to sustain the building of procedure option of the defendant. In order to change this situation, make the defendant really enjoy the right, and fully embody their status, at the