Perfection Of The Criminal Summary Procedure In China

Chinese criminal procedure law stipulated the criminal summary procedure in 1996. To meet the actual demand in the judicial practice, and to make up for the inadequate of legislation , and to further promote the judicial efficiency , Supreme Court and Supreme Procuratorate and Ministry of Justice jointly issued a judicial interpretation to apply the summary procedure which limit to the case of guilty plea in the general procedure. So, Chinese criminal summary procedure consists of two parts, one is the summary procedure in Chinese criminal procedure law, the other one is the summary procedure which limit to the case of guilty plea in the general procedure. Chapter one introducts the concept of the criminal summary procedure, this paper argues that the summary procedure is opposite to general procedure , that is , summary procedure is the simplified form of general procedure. Chapter two mainly investigates the typical types of foreign summary procedure. One type is characterized by omitting the steps of a trial, for example, procedure of pleading and procedure of plea bargaining. The other type is a written review procedure essentially, such as the proceeding for execution order. The analysis shows that most of countries emphasis the role of protecting justice and promoting efficiency by the summary procedure, especially pay close attention to protecting the rights of defendants. Chapter three analyzes the legislation of our country's criminal summary procedure, this part shows that it is inadequate in some aspects, for example, the protection of defendants is not fully, the rate of applying the summary procedure is low, and so on. According to the main problem above, the fourth part tries to give several advices, such as to further clarifies the scope of application , uniforms our legislation, gives the defendants the procedure option, and so on.