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Study On The Summary Trial In The Criminal Ordinary Proceeding

Posted on:2004-12-23Degree:MasterType:Thesis
Country:ChinaCandidate:S C ZhangFull Text:PDF
GTID:2156360095953047Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The summary trial is a special trial in the ordinary proceeding, which serves as the spontaneous measure in order to alleviate the case press and improve the efficiency of dealing with cases adopted by courts in practice. The judicial explanation made by the highest court, the highest procuratorate and the Department of Justice in China has ascertained the special trial .It is considered that the summary trial is the trend of the international due process. The paper is the analysis and comparison of the legislation and the practice concerned with the summary trial in different countries ruled by law through which the valuable actions are summarized. Given that, the summary trial in Chinese practice is given a reasonable examination as follows: 1.the theoretical analysis. First of all, the summary trial demonstrates the procedural value of benefit and saves judicial resources. In addition, it contributes to the ascertainment of truth and meets the procedural need. Finally, it marks a model in which there are the ordinary trial and the summary trial for the different achievement of values.2.the practical value. The summary trial is the realistic result of the rising crime rates and the rapid growth of cases in the court. Furthermore, the transition from the ordinary trial to the adversary trial and the judicial crisis of efficiency caused by the improper operation of the present summary trial procedure are required to establish a kind of new and reasonable model of summary trials in reality.The summary trial of the ordinary proceeding is of the procedural character. The summary trial is partly applied according to the specific condition in terms of caseswith lots of accused facts. In the trial, some basic principles, such the principle of legality, the principle that the procedure in which the rights of parties he are protected is not simplified and the principle that efficiency and justice is coordinated, are persisted.The summary trial of the ordinary proceeding is applied in the cases in which the defendant is likely to be sentenced over three years but the people who are blind , deaf , numb and foreigners are not included. The demand must be met as follows: the defendant makes a self-incrimination, the prosecution organ presents a suggestion or agreement, the basic facts are so clear that the accusation in the prosecution are supported by relevant evidence and the defendant and their lawyer agree with the trial.On the basis of the illustration of the fundamental model and principle in the summary trial, the analysis of the specific operation has been given. Considering the different ideas appearing the police, the prosecution and the court, the clear construction concerned with the practical operation and possible problems in different stage of the summary trial is made.
Keywords/Search Tags:Summary trial in ordinary criminal, The case of making the self in crimination, Procedure efficiency, The division between complex and simple
PDF Full Text Request
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