Study On Simple Criminal Procedure

Simple criminal procedure, a simplified procedure based on ordinary procedure, is a kind of trial progress compared with the ordinary one. Simple criminal procedure comes into being in the background, which emphasizes the coordination of justice and efficiency, and the guarantee of human rights. Many countries in the world, especially the developed ones, employ various sorts of simple criminal procedures. However, due to its limited variety and dependence, legislation on the simple criminal procedure of our country is not so flawless. The author analyses the typical simple criminal procedures of America, German, Japanese etc., compares them with ours, and summarize the inefficacies of ours, all in the aspects of justice, efficiency and human rights. On the basis of the arguments above, the author puts forward after learning other countries two kinds of new simple criminal procedures—Quickly Decided Procedure and plea bargaining Procedure—so as to perfect the present simple procedures of our country, which helps construct a new plural simple criminal procedure, and provides reference for the legislation, theory, and judicature practice.