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The Connotation of Criminal Procedure Contract
The School of Policing Studies (SOPS), Shanghai University of Political Science and Law, Shanghai, China
The School of Policing Studies (SOPS), Shanghai University of Political Science and Law, Shanghai, China
- 1 The School of Policing Studies (SOPS), Shanghai University of Political Science and Law, Shanghai, China
- 2 The School of Policing Studies (SOPS), Shanghai University of Political Science and Law, Shanghai, China
Beijing Law Review·Volume 13 (2022)·Pages 715–722·Published 31 October 2022·DOI10.4236/blr.2022.134046
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Abstract
With the development of rule of law theory and judicial practice, contract theory has penetrated from private law to public law. As one manifestation of public law contract, criminal procedure contract is specific, moderate and exclusive. It has a profound theoretical foundation, such as the thought of criminal integration, theory of procedural subject and theory of criminal litigation right, etc. On the basis of will autonomy, the criminal procedure contract innovates the way of resolving criminal disputes, balances the interests of all parties, and guarantees the subject status of the parties.
KeywordsCriminal Procedure ContractPublic Law ContractWill Autonomy
- Chu, H. Z., & Yan, Y. (2013). The Practice on Criminal Integration. China Legal Science, 2, 24.
- Liu, S. J. (2008). Theoretical Bases of Consensus Applied in Criminal Procedure. Journal of Anhui University, 10, 101.
- Wu, Y. H. (2016). Criminal Procedure Contract Theory (p. 87). South China University of Technology.
- Xia, H. (2008). Studies on Void Criminal Procedural Acts (p. 121). China University of Political Science and Law.
- Xu, J. C., & Xie, Y. P. (1992). Preliminary Study on the Litigation Right in Criminal Procedure. Modern Law Science, 6, 65.
- Zhang, L., & Li, C. Y. (2008). Agreements of Victim-Offender Mediation in the View of Public Contracts. Tribune of Political Science and Law, 4, 45.