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Discuss the Construction of Criminal Summary Procedure about Chinese Charactristic

Author: HuYongJun
Tutor: YangKeZhong
School: East China University of Politics and Law
Course: Legal
Keywords: Chinese characteristics Fairness and efficiency Criminal Justice Ordinary procedure The Summary Trial Value function Summary Two major value targets Supporting measures Efficiency and fairness
CLC: D925.2
Type: Master's thesis
Year: 2003
Downloads: 88
Quote: 1
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Abstract


Along with the establishment of justice and efficiency, the two key targets of value judgment in judicial realm, the notion of value in criminal justice occurrences important varieties. The aim of Judicial activity becomes from a simple-model of pursing justice to a diverse-model of pursing justice and efficiency. Especially after “justice and efficiency” is decided the work topic of this century by the Supreme People’s Court, how to develop the efficient function of criminal procedure, how to solve those accumulated cases with making full use of the summary procedure, and how to relieve the inconsistency between the limited judicial resources and the continuously the judgment mission, become the important lesson in the criminally judicial realm. Based on the above consideration exactly, author tries to work on a trial investigates <WP=6>and sets up a criminal summary procedure that is suit for our country.The corpus part of this article includes four chapters except introduction and conclusion.Chapter Ⅰ is the basic theories of criminal summary procedure. Firstly, author probes on the definition of criminal summary procedure, which is any proceeding by which a controversy is settled, case disposed of, or trial conducted, in a prompt and simple manner, without the aid of a jury, without presentment or indictment, or in other respects out of the regular course of the common law. Secondly, author analyses the two values of summary procedure, namely justice and efficiency. Chapter Ⅱ is the Analysis on criminal summary procedures through Comparison. Firstly, author introduces the criminal summary procedures of U.S., Germany, Japan, Italy, and compares the characteristics of different type of procedure. Secondly, author analyzes the common grounds and trends of the procedure abroad. The purpose of the part consists in two aspects primarily: one is to understand the related procedure theories in abroad, the other is to investigate legislation of the procedure in the world. Chapter Ⅲ is the criminal summary procedure in China. This part investigates and reviews the current criminal summary procedure in our country. Firstly, author totally introduces the lawmaking present conditions of the procedure in our country. Then author analyzes the practice and lacuna in our procedure. Finally, author <WP=7>get a conclusion, that is that our criminal summary procedure can’t satisfy the demand of judicatory practice, therefore we must reform the proceeding completely, definitely set up a new summary procedure which is suitable for the situation of our country.Chapter Ⅳ is to set up the characteristic criminal summary procedure system in China. In this part, author discusses the building of our summary procedure from four aspects. These four aspects are: abiding the lowest justice standard and insuring the judicial efficiency unified with justice, establishing principle of procedure corpus and giving the accused with the procedure option, insisting to walk diversified roads and building many kinds of procedures, setting the idea of the system engineering and perfecting related integration.

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