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Simple Criminal Procedure of

Author: HanDongMei
Tutor: ZhouShiMin
School: China University of Political Science
Course: Procedural Law
Keywords: Criminal Summary Procedure Criminal Fairness and efficiency Values Legitimacy of the basis The ordinary procedure A serious offense Participants in the proceedings Facilitation Proceedings
CLC: D915.3
Type: Master's thesis
Year: 2004
Downloads: 207
Quote: 1
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Abstract


This article discusses the criminal summary of this program build. Criminal Summary Procedure' dissertation">Criminal Summary Procedure is a hot topic in today's criminal proceedings, has been a great deal of attention and certainly in practice and an academic. From the fundamental reason analysis, on the one hand is based on the needs of the judicial practice, the judicial status quo and its long-term development of simple procedures indispensable; the other hand, the summary of the emergence of the public generally recognized efficiency values ??close can not be separated. Simple procedure applicable to the cases range from the world-wide criminal proceedings, was a growing trend, the simple type of program continues to expand, due process simple has become the wave of research in criminal proceedings can not be avoided. The paper is divided into four parts to the criminal summary comprehensive discussion of: Chapter 1: build the basis for criminal summary values. In this section I will first define the concept of simple procedures and characteristics, and then analyze the existence and the basis for the development of summary procedure: First, the reality of necessity, due to the improvement of modern society, the crime rate, the increase of criminal cases and the limited nature of judicial resources; The second is the inner necessity of the overall scientific set of proceedings, can achieve the difference between the cases decided to set up different procedures corresponding, in certain cases, can be relatively simplified procedures to triage and resolve the criminal The purpose of the litigation, without the need for uniform application of the more cumbersome ordinary procedure; build summary of the general procedure with the philosophical basis, in line with Marxism on specific issues and problems \; four is the Ideas of the modern society, when \also participated in the proceedings in a timely manner to get rid of v. tired, reflecting a respect for the value on the human subject, but also to adapt to the needs of modern society. Finally, focuses on a simple program to highlight the value concept. People focus on the different values ??will lead to differences in the construction of specific procedures. Compared to the general procedure, the more carry forward the summary procedure is the concept of efficiency, build the starting point is the efficiency value sought. But as the proceedings themselves, the summary procedure is fair value as a foothold to the value of the pursuit of high efficiency, which constitute the legitimacy of the basis and premise of summarily. In other words, although the design of simple procedures directly aimed at the pursuit of high efficiency, but as a dispute resolution program in terms of its most fundamental purpose is to achieve a just Justice is hidden by the summary procedure, simply, a value choice, then do not break through just the bottom line on the basis of (with a minimum of procedural fairness, and to protect the vast majority of cases of substantive justice) seeking to maximize the efficiency of , so that fairness and efficiency to achieve an optimal balance point. Chapter II: summary of the relevant foreign criminal legislation. This section will introduce the summary of the representative of the English abroad, America, Germany, Japan, Italy and other countries legislation, mainly to simplify or omit certain litigation aspects of penalty command procedures, plea bargaining and legislative models, and then analyze it embodies the common: First, the summary shows the diverse nature of the legislative models in the world in addition to the summary procedure, usually within a country there are also two or more summary types to suit the different circumstances of the case the high efficiency of lt; WP = 5 gt; management; summary of the countries most do not apply to serious crimes, which is a simple program the most basic, most primitive of the applicable limits, procedural justice, philosophy, procedures, main theory against litigation model laid the common law countries counts to identify whether the procedures and plea bargaining procedures applied to the legitimacy basis of a serious offense, two legal systems integration (mainly civil law trend to move closer to the common law) created the Italian breakthrough civil law tradition, built the Consensus of the parties rather than the severity of the offense as a summary trial procedures applicable to the summary premise, to some extent, represents a legislative trends of the summary of the civil law countries; Third, in summary proceedings, to ensure the protection of the defendant has the most basic rights, aware of the right of the program options and the enjoyment of the right to a lawyer; four countries in the due process easier at the same time, always adhere to the legitimate summary of constraints and the bottom line. Countries in the pursuit of the high efficiency of the summary procedure by predetermined or remedial methods to maintain the basic legitimacy of the program. Chapter III: History of China's summary. This section from the vertical introduction of Criminal Procedure the historical context of the development of the summary procedure, which can be clearly seen as of the date of summary criminal proceedings after the scratch, never normalized to the gradual improvement of from one yuan to the multi- development process. Criminal proceedings can be divided into three stages: the first on the requirements of the program easier: quick decision procedures; true sense of the simple program: summary of the 1996 Code of Criminal Procedure to establish; dual summary mode. I will one by one analysis of the summary in the main features and pros and cons of the various stages of development, which can be seen as legislators continue to strengthen the understanding of the value of fairness and efficiency of judicial practice needs as well as international demand, China's criminal proceedings becoming more and more the legitimacy of the program simple and easy procedure. Serious violations of the law of litigation, Traditional and Simplified serious dislocation, one-sided emphasis on efficiency do not pay attention to the fast-track procedures for the protection of the rights of the accused to establish the true significance of the summary, and then showing a variety of more in line with the judicial practice, the program is more legitimate the establishment of the sexual binary mode, during which we made a detour, but each new stage of development in the past on the basis of a greater improvement. Chapter IV: the reform and development trend of China's summary. This section I will still exist in our summary, less than its own proposals to make a simple program on the concrete to build the best coordination Equity and Efficiency program-the most basic standards of fairness in the pursuit of high efficiency; bold vision for the further development of our summary. Of the problem: the abolition of the prosecutor does not appear to support the prosecution provisions; strengthen the protection of the rights of the accused, given their right to silence specific, the establishment of the Evidence Discovery System to ensure that the intervention of the defender to provide that the system of designated legal counsel to give the defendant the right to apply for application of summary procedure, the parties to the program

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