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Theory About Legal Supervision On Criminal Summary Procedure

Posted on:2002-05-14Degree:MasterType:Thesis
Country:ChinaCandidate:Z B HangFull Text:PDF
GTID:2156360125470507Subject:Law
Abstract/Summary:PDF Full Text Request
The subject of this thesis is to discus how to strengthen legal supervision in our country. In the first part of the thesis, it expound the conception and feature of summary procedure, explain the relationship between the summary procedure and common procedure, and compare the two procedures. Then, we introduce the application of summary procedure in some west country , such as American, Britain, Germany, Japan and Italy. On this basis, we introduce the concrete regulation of summary procedure of our country as well as its function, meanings and concrete effect. After that, we go further into the idem of legal supervision in the regulation of our summary procedure.In the second part, we point out that it lack of legal supervision in the clause of our summary procedure regulation, It shows in two aspect, one is that the choice right of the application in the summary procedure was awarded to the procuratorial organ and court, and not to the accused; The other is that there is no stipulations about the public prosecutor appearing in court in the summary procedure. Then we analyses the cause accounting for the occurrence.On the third part, we put forward some proposal on perfecting and strengthening our legal supervision in the summary procedure. Includes: awarding the choice right and altering right to the accused, and standarding the condition of the public prosecutor not appearing in court.
Keywords/Search Tags:Supervision
PDF Full Text Request
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