Research On Simplify Criminal Case Normal Cognizance Process

To Simplify Criminal Case Normal Cognizance Process is in the frame of present criminal litigant law, under the defendant's agreement, to simplify partial cognizance process for the case which have clear fact, sufficient evidence, defendant make guilty debate, and suit for normal cognizance process to close the case sooner. There are two kinds of First cognizance process in China: simplified process and normal process. Since unclear description and unreasonable process design, we cannot reasonable using these two different kinds of process to improve the cognizance efficiency as the law's tenet describes. China is in the transitional period from old system to new system. In this period, since the increase of all kinds of social conflicts and bate of criminal, the criminal cases increase rapidly. The shortage of judicial resources becomes more and more apparent. Further more, the entering of WTO requires unified world economy, modern law theory impacts the old idea, to improve the efficiency of litigation became more and more important and urgent. After the Second World War, world economy improves rapidly. Relationship between law and the society is closer and closer. Traditional value of law is impacted. The trend of modern law is to consider both efficiency and benefit, use the least input and shortest time to satisfy justice, freedom and order. A speedy cognizance process, which is represented by American debate transaction and punishment process of continental law, is just he result of the trend. With continuously completing and revolution of the law, China improves a lot on execution the law. The theory of the law and the team for execution are both improved a lot. The idea of law goes deeply into people's hearts. These ensure us to learn from international experience and combine our reality to improve our cognizance system and improve the efficiency of litigant. According to the reality of china's criminal litigant process, to distribute simplified and normal process for different criminal case, the suitable scope for simplified process should be: "defendants with clear facts, sufficient and surly evidence, and will be sentenced for more than 3 years penalty or endless penalty". But in real cases, the accused will have to make a guilty answer and choose this procedure of his or her own accord. In reality procedures, the examinant need to ask for the defendants' idea first. The courthouse will then begin the hearing after modal checkup and building up of collegial bench under law. The public prosecutor and the defendant need no more specific inspection or enquiry on the criminal facts that have already been admitted by the accused during the hearing. At the same time, cross-examination has been simplified too. All evidence will be cross-examined after finishing inducing evidence. Court debate will be carried on in the purpose of measuring penalty to the defendant. Furthermore, time limit of trials, legal documents and other concerned lawsuit procedures will all be reduced a certain amount according to simplified cases. Of course, defendants will definitely be ensured on basic rights such as final statement in simplified cases. The defendant will have the right of choosing or abandoning certain procedures as a relief. When cases occurred as the defendant or accused deny part of the criminal facts, normal procedures will be applicable to the denied parts. At the same time, when conditions that were applicable to simplified procedures have changed, case shall be adjudicated again under normal procedures. Although simplified criminal cases procedure appeal to be just a court trial mode, certain relevant systems or regulations will have to be established to ensure the efficient running of the simplified procedures and to avoid abusing of juridical rights or damaging to defendant rights. Legally lenient treatment to defendants who admitted their crime, forcible attorney system, defendant self-relief system, professional and excellent judicial functionaries will all be indispensable pa...