The Trial Avoidance Effect of Guilty Plea

This paper adopts normative analysis method to study the procedural effect of guilty plea.The concept of "guilty plea" in Chinese context has two meanings, including guilty confession and guilty plea.The procedural effect of a guilty plea is to avoid trial, whereas a guilty confession can only simplify the trial.In other words, whether "admission charge" will have the legal effect of evading trial directly determines whether there is a true guilty plea in our country, and the procedure of quick adjudication is a typical example of evading trial.The way to avoid the trial is to obtain the guilty plea through the negotiation procedure, solve the conviction and sentencing, eliminate the dispute points, and finally ensure the binding force of the guilty plea agreement on the judge.Circumvention trial follows an efficiency-oriented approach of consequentialism, that is, although circumvention of trial, it should achieve the same effect as trial, so as to establish a new balance between crime control and due process in the criminal justice system.