Research On Criminal Summary Procedure Problems

The modern criminal procedure presents two development trends, namely, justificationand simplification of criminal procedure. Under this situation, different forms of criminalsummary procedure have been adopted widely in the world and have become the mainmethod to deal with the criminal case. But in our country, the application of the criminalsummery procedure is not popular and has got into a single and stagnated state. So, the authorof this article looks forward to establishing many-faceted summary procedure model toimprove the degrees of the democracy and the civilization of our country's criminalprocedure.The establishment of the two value aims---justice and efficiency in the law field hasmade the criminal procedure innovate basically. The summary procedure is set up on the basisof efficiency value. But the main purpose of the establishment of the summary procedure is tocoordinate properly the two procedure value aims---justice and efficiency, and to avoid ormitigate the conflict and contradiction between them. The author insists on the priority of thejustice and taking into account the efficiency at the same time. After all justice embodies theessence of the criminal procedure. It means ineffectiveness of the criminal judicature systemif the justice is abandoned. Meanwhile, in order to signify the legitimating of the existence ofthe summary procedure, the author advances: only when the summary procedure satisfies theminimal justice standard, it's legitimatised. And the author gives some principles that canembody the minimal justice standard in the summary procedure, mainly include: principle ofprocedural ration, principle of procedural participation, principle of procedural open, principleof procedural equality and principle of procedural prompt.Because of the different traditions of the politics, economy and the law, the designs ofthe summary procedure of the foreign countries have different features. In order to master thefeature and the tendency of the development of the summary procedure, the author sums upthe types of the summary procedure of the foreign country and find out the developmenttendency of the summary procedure.Begin with the coordination relationship of the justice and efficiency to analyze ourpresent summary procedure. The analysis indicates there are drawbacks in our presentsummary procedure and there are innate flaws in the summary hearing of the generalprocedure itself that is applied in the practice. During the operation, there are some negativeinfluences. In order to constitute the summary procedure system of our country from thewhole, these defects must be revised and perfected, and refer to the reasonability of theforeign country to design new summary procedure that is accordant with the reality of ourcountry's construction of the ruling by law.