The dilemma and countermeasures of the online dispute resolution mechanism Abstract

Abstract

The Plea bargaining system carries the function of legal negotiation between the procuratorate and the person being prosecuted, and it is based on equality and voluntariness, which determines the centrality of voluntari - ness in the plea bargaining system. The voluntary nature of the plea system respects the subjective status of the person being prosecuted in the plea process and guarantees the authenticity of the person's procedural options, which on the one hand makes the legitimate rights and interests of the parties concerned realised and safeguarded, and on the other hand also confirms the important role of voluntary review in the system. At the same time, the voluntary nature of the plea bargaining system has a direct impact on the scope and effect of the application of the plea. The definition of the meaning of voluntariness needs to be considered from a number of perspectives, including subjective and objective, substantive and procedural. And on the basis of the definition of the connotation to determine China's plea voluntary review standards.