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On Criminal Summary Procedure

Author: LiuHaiYan
Tutor: ChenYuZhong
School: Hebei University
Course: Procedural Law
Keywords: Criminal suit Summary Protection of human rights
CLC: D925.2
Type: Master's thesis
Year: 2008
Downloads: 28
Quote: 1
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Abstract


Criminal summary by certain aspects of the criminal proceedings, the steps to be simplified, so that cases can be quickly deal with the special procedures, is the general term of the program. Summary of the basic value orientation criminal justice and efficiency, the ability to find a balance between fairness and efficiency of the study summary justification standard. Multiple independent value in criminal proceedings, the protection of human rights and the pursuit of harmony is also a summary of the important value orientation. Criminal summary has been widely used worldwide. In summary type design, foreign representative plea bargaining procedures and penalties to make the program as well as three summary trial procedure. Our existing criminal summary, there are two types, namely Common Proceeding summary of the Criminal Procedure Law and judicial interpretations established. Legislative philosophy, the technical limitations of the legislature, but also due to the limitations of the socio-economic conditions, and provisions of the Code of Criminal Procedure summary too careless, in principle, there are some can not meet the criminal trial practice needs and trends of the Criminal defects, mainly : Legislative simple fuzzy; narrow application, in the form of a single; the defendant missing an option; did not strengthen lawyer defense system. Criminal Common Proceeding judicial practice department created in judicial reform, and promotion in the country through judicial interpretation. There are also some important deficiencies in the summary procedure legislation in Common Proceeding: defendant program does not confer the right to change; lack of mandatory appointed defense; appropriate sentences increase is not clear. Extraterritorial criminal summary mode, learn from, and our criminal summary status, I suggest to revise and improve the Criminal Summary Procedure: To clear summary procedure applicable range, to strengthen the protection of the interests of the accused, and good operating environment, supporting measures of reform. And diversification of first instance criminal summary mode as follows idea: the creation of fast transfer of written proceedings of the trial proceedings and the minor offense, an appropriate transformation of the existing two summary, to form cases lighter to heavier, the program from the most simple to the The simple ladder arrangement diversified first instance summary.

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