Research On Justification Of Criminal Summary Procedure

With the development of the society, criminal procedure presents two development trends, namely: justification and simplification of criminal procedure. Nowadays, criminal summary procedure is widely used in the world. And it has become the main way of conducting criminal cases. It is important to rationally construct a justified criminal procedure, which is beneficial to improve the democracy and civilization of criminal procedure. From this point the author reflects on the necessity and feasibility of justification of criminal summary procedure, and then finds out it is related to procedural justice, administering our country by law, restriction of power and guarantee of human rights.Every procedural design contains plentiful value issues. Among the value aims, justice and efficiency are decisive factors of construction and application of the criminal summary procedure. There are different ideas concerned with conducting the relationship between justice and efficiency in academic circles at present. The author thinks they are both important and has partiality for one on the basis of specific period, occasion and procedural system. In the criminal summary procedure, efficiency is obviously important, but first of all it should be guarantee minimum justice. Because justice reflects the essence of the criminal procedure, the criminal judicial system can't be applied without the justice.As a judicial concept, the justification of criminal summary procedure emphasizes pursuit and reality of procedural justice. It mainly means that it should rationally analyze and perfect the structural element of criminal summary procedure in the light of procedural justice in order to prevent unchecked power from being abused, safeguard the right of suspect and defendant and then to ensure the criminal summary procedure is applied in a good way.Although the concept of justification of criminal procedure is long-standing, there are different ideas of its concrete standards of evaluating in academic circles. From the viewpoint of "negative justice theory" ,the author analyze the procedural features of "the sense of unjustice" one by one and forms a set of widely adaptable minimum standards of justification of criminal procedure. These standards embody the fundamental procedural principles of justification of criminal summary procedure, which consist of principle of procedural ration, principle of division of procedural functions, principle of procedural participation, principle of procedural transparence, principle of procedural equality and principle of rational relief.Justification of criminal summary procedure is a developing concept. And its connotation is evolved and advanced step by step. Even in the same period, different countries have different practice of justification. In the field of legal institute, justification of criminal summary procedure essentially reveals a set of procedures and regulations. There are many differences between domestic and foreign criminal summary procedure because of different cultural tradition and system of organization. In order to realize the justification of criminal summary procedure in our country, it's necessary to compare and evaluate legislation between home and abroad, borrow relevant reasonable ideas on the basis of the condition of China and endeavor to construct Chinese style justified criminal summary procedure.