Criminal Summary Procedure

In recent years, judicial reforms, becoming a concern in both Chinese theoretical and practical fields, aim at unification, independence and democracy, and orient justice, efficiency and human rights protection, to realize equity and justice. Among them, criminal summary procedure is one of hot topics in criminal judicial reforms. It is a simple and prompt criminal procedure, in contrast to criminal indictment procedure, so criminal summary procedure not only plays a considerably important role in judicial practice, but also receives much focus and affirmation. The study begins with the theories of summary procedures, based on comparative research in some countries and regions from theoretical and practical aspects, to expound particular views on application, reforms and improvement of summary procedure for indictable offenses. The study consists of six parts:Chapter I: The origin of theory of criminal summary procedure —categorization of procedures.In this chapter, it is discussed openly that the origin of theory of criminal summary procedure lies in the theory of categorization of procedures. Firstly, from the view of the function of procedures, procedures are established to realize justice. Realization of justice is the basic function of procedures in legal distribution. Secondly, the author proposes the theory of categorization of procedures to show the basis of the theory of categorization of procedures in systematic aspects lies in: diversity in cases and subject demands, to make the conclusion that obtain-one-should obtain justice should be categorized. So the procedure of realization of justice should be categorized, too. Thirdly, it is discussed that the origin of theory of criminal summary procedure lies in the theory of categorization of procedures, so the author clarifies the theory of categorization of procedures gives the critical influence on criminal procedure as organic parts of procedures — established for the purpose of justice. Fourthly, the theory of categorization of procedures is analyzed in this part to...