On Summary Trial Of General Procedure

Summary trail of general procedure, the short form of simplified hearing method of criminal general procedure, is a reform to court trial method which simplifies court trial content of general procedure to some extent.Summary trial of general procedure conforms to value pursuit of modern criminal procedure and enables cases to be heard promptly and timely. It also conforms to the features and requirements of hearing system of criminal cases in China. It can relieve resource shortage, make up for deficiency of existing simplified procedure and enable case hearing to form a rational structure of complexity and simplicity. Summary trial of general procedure possesses legal permission and objective base.Summary trial of general procedure applies to public prosecution of first instance which the defendant may be sentenced to three years fixed-term imprisonment or more. It should also in conformity with certain conditions. Application of summary trial of general procedure should examine whether the defendant acknowledges the guilt sincerely and voluntarily at the court hearing stage. The simplified content is reflected mainly in court investigation and court debate. There are "five simplifications".Application of summary trial of general procedure should pay full attention to guarantee the action rights of the defendant to prevent judges from "determinging the case before hearing it ". "preferential system of a batement from punishment" should be set up.