The key difference between the adversary system and the inquisitorial system lies in the different evidential investigation structures in the trial of a criminal case,which,strictly speaking,is only available for criminal proceedings.
Chapter two introduces plea bargaining system in other countries, distinguishes the system between America and Germany, between America and Italy and analyzes its applying scope and effects in inquisitorial system countries.
The old criminal proceedings in China adopts the inquisitorial system, and we basically accept the accusatorial procedure system (seen by provisions), after trial proceedings is modified by the new criminal proceeding law.
However, along with the Chinese society government by law historic course unceasing development, in the court mediation system many has intense authority principle color the step and the method all with difficulty again is suitable, the court mediation appears gradually in the system design flaw and the trial practice malpractice, needs to carry on the reform and the consummation.
In the transformation of criminal prosecution pattern from the authority principle to the litigant principle,defense attorney's duty of truth to the fact should be understood as the duty of pleading on the basis of facts,that is the duty of defending kingly according to the facts that he assumes true.
The intending administrative trial pattern in China should be neither litigant principle nor authority principle,and supposed to choose authoritylitigant principle that extracts the both advantage,and whose corresponding systems of administrative litigation in China should be redesigned according to this sort of principle.
Under the authority system, our country's judge has the full lawsuit command jurisdiction, therefore many the theorists and practitioner thought our country does not need the system of aufkaungsrecht .
Because long-term serious fetter of authority doctrine trail model, ourcountry's legal hasn't systematic and standard exclusive rules, but the rules' spirit still embodies in some legislation and judicial explain and establish Best Evidence Rule and Illegal evidence's exclusive rules.
The power of the people’s court in the system of administrative litigation proof shows: authority doctrine is still the main structure form of administrative litigation; to achieve the goal of the system of administrative litigation proof, people’s court use the way of balancing and adjusting the litigants’ ability and opportunity in the system of administrative litigation proof.
The evidence awareness of authority doctrine in the litigation system of modern China is still in its position. Detestation of lawsuits and lack of law lead to low appearance rate of witness at court and issues of humanity are neglected in the system.
Gordon Tullock critiques two specific aspects of the common law system: the adversary system of dispute resolution and the common law process of rulemaking, contrasting them with the inquisitorial system and the civil law systems respectively.
And yet, for all practical purposes, criminal lawyers practicing in the federal system operate within a largely inquisitorial system.
In an inquisitorial system prosecutorial power is exercised within an institutional setting that imposes formal and informal limitations on its use.
Re-characterizing the federal prosecutor as a neutral, objective official echos one of the safeguards of the inquisitorial system.
She also shows that the adversarial system fares relatively less well than the inquisitorial system in this environment.