TITLE:
The Connotation of Criminal Procedure Contract
AUTHORS:
Xuejing Du, Yu Zhang
KEYWORDS:
Criminal Procedure Contract, Public Law Contract, Will Autonomy
JOURNAL NAME:
Beijing Law Review,
Vol.13 No.4,
November
17,
2022
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.