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Simple Criminal Procedure Research

Author: GuanMengBin
Tutor: GuYongZhong
School: China University of Political Science
Course: Procedural Law
Keywords: Simple Criminal Procedure Judicial resources Efficiency Reconstructed
CLC: D925.2
Type: Master's thesis
Year: 2006
Downloads: 90
Quote: 2
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Abstract


Since the enactment of the new Code of Criminal Procedure of 1996, around the criminal summary of the reform has been a hot issue in the Code of Criminal Procedure academia. Today's sharp rise in the face of world-wide lack of judicial resources and criminal cases, simple criminal procedure highlights the unique value and the meaning of existence, simple criminal procedure of how to reconstruct our country, is increasingly becoming a real and urgent problems. In this paper, a comprehensive discussion of the Simplified Criminal Procedure and comparative analysis, the basic idea of ​​reconstructing our simple criminal procedure. The text is divided into four chapters. Chapter Simplified Criminal Procedure Overview. This chapter is divided into four parts, the first part of the concept of simple criminal procedure, and I believe that the criminal summary procedure refers to the judiciary in dealing with the case, based on a simple and clear facts of the case or the defendant voluntarily pleaded guilty, and thus on the aspects of the proceedings and the steps The varying degrees omitted or simplified formed a class of trial proceedings. Simple Criminal Procedure \Simple sentence is all intended to improve the effectiveness of the proceedings outside the general procedure in criminal trial procedures, criminal summary refers only to the legislation expressly called a \The second part is the historical background of the Simplified Criminal Procedure, rising crime rates and limited judicial resources into the root causes that lead to criminal summary procedure generates. The third part is the theoretical basis of the Simplified Criminal Procedure, the author discusses the three aspects of the philosophical foundation, the reality of the need for and the inherent need to build a scientific trial program; fourth part is the value of simple criminal procedure, the author mainly from the Simplified Criminal Procedure efficiency value, the fair value and the fairness and efficiency of the value of coordination discussed three aspects. The second chapter is the introduction of criminal summary of the major countries abroad program and assessment. This chapter is divided into three parts, the first part of the introduction of the criminal summary of the major countries of the civil law program, the second part is the introduction of criminal summary of the major countries of the Common Law program, and the third part through inductive analysis, summed up the major countries of the world is simple the common feature of criminal procedure: 1 Scope tends to magnify the form of diversifying; 2, the defendant pleaded guilty to the application of summary criminal proceedings; 3, the defendant's rights are fully protected; 4, the defendant available certain extent reduce the sentence; 5, with the appropriate supporting systems and procedural safeguards. Chapter examine the history and current situation of Chinese Simplified Criminal Procedure. This chapter is divided into two parts, the first part of the history of the Chinese Simplified Criminal Procedure, the second part is our current criminal summary procedure, package

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