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On Criminal Summary Procedure

Author: TaoHui
Tutor: MoDanYi
School: Southwest University of Political Science
Course: Law
Keywords: Criminal Proceedings Summary Procedure Problems Legislative Proposals Improve
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 155
Quote: 0
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Abstract


Because criminal summary procedure in coordinating the relationship of justice and efficiency has obviously advantages, more and more countries, regions and favour, highly already disposal solved a lot of criminal case dispute, it is the countries and regions in constructing the criminal procedure of the configuration of indispensable. The summary procedure is advantageous to the reasonable design and shunt, optimize the case of judicial resources allocation, saving litigation cost and improve the efficiency of lawsuit, safeguard the legitimate rights and interests of parties. Therefore, simple procedures in criminal action, a comprehensive discussion of important theoretical and practical significance.This paper adopts "question," "analysis" and "problem solving" method to the summary procedure our country’s criminal procedure was discussed. Text by six components of 21000, totaling more than wordsThe first part, introduction. This part of the case by farmers children wang mou, and this paper elicit the thesis writing thoughts and analysis methods are roughly instructions.The second part, the basic theory of criminal summary procedure. This section contains the concept of criminal summary procedure on paper with value foundation. Among them to the summary procedure with the concept of at home and abroad were discussed some famous scholars point of view. And part of the package value foundation living program pragmatism theory, the summary procedure justice background and protection of human rights, not three value concept in emphasize the summary procedure of criminal lawsuit theory of benefit.The third part, foreign about criminal summary procedure major legislation. This section to other countries’ legislation criminal summary procedure are summarized and introduced, and the development status of evaluation, unearthed the summary procedure abroad performance mode, scope of increasing diversity increasing expanded, reinforced protecting defendants’ most fundamental rights, adhere to the summary procedure. The characteristics of the bottom legitimatorsThe fourth part, our country’s criminal procedure status summary procedure. Based on a case of public prosecution grass-roots court case summary procedure, reflecting the statistics show in China the practice to the application of criminal summary procedure. Then to our country criminal summary procedure is introduced legislation. And analysis of the summary procedure exist in simple, fuzzy, applicable legislation face is narrow, the form is drab, did not respond to a lawyer system to strengthen, the defendant procedure option unaffected by reasonable protection, normal procedure reviewed and the summary procedure simplified problems such as vague bounds.The fifth part, our country’s criminal procedure of establishment and improvement of the summary procedure. Criminal summary procedure proposed expanding applicable scope; The summary procedure diversified and set the "written by trial" way; Expand the procedure option, and will procedure option of legislation; Improve the defender the participation, perfect defense system and legal aid system, to guarantee the rights of the defendant improvement Suggestions.The sixth part, epilogue. For the development of our criminal summary procedure was discussed.

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