Journal of Jishou University(Social Sciences Edition) ›› 2022, Vol. 43 ›› Issue (1): 88-95.DOI: 10.13438/j.cnki.jdxb.2022.01.009

• Law • Previous Articles     Next Articles

On the Truth of Cases under the Mode of Litigation Cooperation:The Promotion of the Consensual Truth

LI Rong,HUANG Xiaolong   

  1. (School of Law,Xiangtan University,Xiangtan 411105,Hunan China)
  • Online:2022-01-01 Published:2022-03-09

Abstract: The Criminal Procedure Law of 2018 stipulates the lenient system of pleading guilty and accepting punishment,which marks the formal establishment of the mode of litigation cooperation in our country.Different from the traditionaladversarial litigation,under the cooperative litigation mode,the prosecution and defense change from confrontation to cooperation.With the procuratorial organs leading the procedure of pleading guilty and punishment,the focus of litigation shifts from the trial stage to the examination and prosecution stage.The agreement between the prosecution and the defense weakens the court investigation,so the court trial becomes a "confirmation trial",and the truth of the case is more reflected in the "acceptability" of the prosecution and defense,that is,the consensual truth.The concept of consensual and true litigation contains the subject concept of the defendant,embodies the pursuit of the values of the times of judicial efficiency,judicial authority and negotiated justice,and has a legitimate basis.In response to the reform of the dual litigation procedure of confrontation and cooperation,the concept of litigation truth will also change from the traditional unitary view of substantive reality to the dual view of reality with the coexistence of substantive truth and consensual truth.

Key words: litigation, mode of litigation cooperation, the truth of the case, consensual truth

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