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The Study Of Diversion Of Criminal Trial Procedures

Posted on:2019-06-30Degree:DoctorType:Dissertation
Country:ChinaCandidate:J HuFull Text:PDF
GTID:1316330548452769Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
It is a theoretical and practical problem that whether criminal trial procedure need to divide and should how to do.Criminal trial procedure diversion includes the truth,human rights,crime control,cost savings,the rational allocation of judicial resources and the realization of the value goal.But,due to the shortage of judicial resources and failed to get a good optimization configuration,lead to the increasing number of criminal cases and unreasonable allocation of judicial resources under the "trial centered reform " background in China.It is not good enough to ensure that the trial power is fully invested in the ordinary trial procedure and that the trial will be substantiated.The research on the diversion of criminal trial procedure in China is still to be improved,whether the research method or the research results.Although there are already relevant procedures for the diversion of criminal trial procedures,such as summary procedure,criminal reconciliation procedure,etc.In addition,the criminal quick procedure in 2014 and the leniency system for admission of confession in 2016 are both new attempts and new exploration for the diversion of criminal trial procedures in China.But there is no effect on litigation delay,lack of right to fair trial,guarantee of the defendant.Exploring how to optimize judicial and division of the resources in criminal lawsuit system not only can effectively alleviate the contradiction between the current cases,the diversification of crime types and the shortage of judicial resources,but also can input the trial power of different components into different procedure reasonably so that we can substantive process of the trial and improve the trial efficiency.On the basis of investigating the theory system and judicial practice experience of the foreign criminal trial procedure,the author makes a comparative study,and start from the origin,development,shortage and perfection of the diversion of criminal trial procedure in China,study on the diversion of criminal trial procedure systematically.First,the author defines criminal trial procedure diversion concept through researching the basis of the domestic and foreign concept about the "division","criminal procedure division".And combined with the present situation in China,put forward the property requirements,the value and the basic principles of the criminal trial procedure diversion under the current “trial centered” background in our country.Secondly,Starting from the three aspects of some representative countries on criminal trial procedures: First is the national formal trial procedure,including the preparation procedure,such as the pre-trial procedures in the United States,the middle of the program in Germany,etc.;Second is the simplified trial procedures,including the simple and simplified trial procedures of all types other than formal and ordinary procedures;Third is the juvenile justice procedure,which is also a reflection of the triage of judicial proceedings in various countries.By studying their useful experiences of the diversion of criminal trial procedures,try to use some references to carry out this study in China.Thirdly,along the history of our country,study the efforts and attempts of the criminal trial procedure diversion in China from 1949.It lays the foundation for the development and improvement of our country’s criminal trial division procedure.Finally,From the trial centered perspective,found the problem in our country criminal ordinary trial procedure,in order to ensure the "trial" substance and the construction of due process.And try to analysis on how to strengthen the criminal ordinary trial procedure.In addition,by making "improve the leniency system for admission of confession" as a guide,aimed at the existing problems of summary procedure in our country,put forward and proved thatwe should build the criminal quick procedure to perfect the diversion of criminal trial procedures in China.
Keywords/Search Tags:diversion of criminal trial procedures, summary procedure, criminal quick procedure, leniency system for admission of confession
PDF Full Text Request
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