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The defendant pleaded guilty to the case of ordinary simplify procedures trial research

Author: WangWei
Tutor: LiuMei
School: China University of Political Science
Course: Procedural Law
Keywords: Simplify the trial Fairness and efficiency Empirical Investigation Supporting measures
CLC: D925.2
Type: Master's thesis
Year: 2006
Downloads: 184
Quote: 1
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Abstract


Penalty to punish crimes more quickly and timely, more just and beneficial. - The fairness and efficiency of Beccaria may be preferred, and its relationship with the law is the eternal topic of controversy in the criminal proceedings, but also set the first thing to consider when elements in a proceedings. In criminal cases, our ultimate aim is to find out the truth, so that criminals get the punishment penalty when the severity of the offense. But the pursuit of justice is always subject to many real factors, it is impossible to achieve absolute substantive justice, perfect, absolute impartiality ideal. The reality is that a sharp rise in the number of criminal cases, and judicial resources to deal with these cases is extremely limited, cumbersome set based on the protection of human rights or the identification of the true purpose of the proceedings is undoubtedly not cope with. Resulting in a large number of cases the lack of timely treatment, affecting the fair implementation. Thus, the pursuit of high efficiency to deal with cases in the guarantee of a fair premise to become a consensus. Performing procedures shunt, simple criminal cases, the criminal quick decision processes, it is a common practice in the world today. The program is also based on its own national conditions are very different, but these procedures in their own judicial practice does play an invaluable role. China's Criminal Procedure In addition to setting the summary of the case against the defendant pleads guilty, the ordinary procedure to simplify the hearing (hereinafter referred to as the \species new trial. Simplified procedure was the existence of reasonable, that is the theory, support system and practice, the author intends by this Master Thesis own shallow understanding of this issue. This paper is divided into four chapters: the first chapter from the theoretical level, namely to examine the theoretical basis of the procedures of the criminal verdict and start analysis of the fairness and efficiency of the dialectical relationship between the pursuit of efficiency should be achieved under the premise of justice protection program, seeking its theoretical fulcrum; second chapter from a system perspective, the specific program of micro level comparing national differences related systems of other countries or regions of significance in China, to seek its system fulcrum; Chapter departure from the practice level, examine our simplified trial procedure legislation background, the status quo of the system operation and effect, seek its practice fulcrum: Chapter I Preliminary analysis of simplified trial procedures in the practice run, focusing on the impact on the fairness and efficiency of the system; Chapter for the last part of The author attempts to start the empirical investigation of our current simplified trial procedure, analyze its drawbacks and shortcomings, and put forward some proposals on how to improve this program.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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