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Study On The Criminal Summary Procedure In Our Country

Posted on:2012-10-26Degree:MasterType:Thesis
Country:ChinaCandidate:H M ChenFull Text:PDF
GTID:2166330335980033Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In our criminal justice reform, the simplified procedure has been a hot issue. However, as the legislative and the limitations of the guidance, summary procedure applies already showed flaws. In a sense, it can be said of our Constitution, criminal cases of judicial resources and people specific psychological action determines the simplified procedure will be in our system of Criminal Justice occupies an important place. Therefore, in the current criminal justice reform, it should become one of the key issues of concern. This kind of research can be from different levels and different angles, but first of all should have the necessary to make the summary procedure, the jurisprudence on the summary of the procedure that is operational summary must be based on the legal basis of the entire summary of spirit, theory of the problem. This article on criminal procedural fairness and efficiency of value and alignment and justice to maximize the legal basis for the detail. Fair value is particularly important for litigation, justice is an action of the soul and life. However, for any one country, judicial resources are limited, to use the limited resources, the implementation of the judicial system revenue maximization– namely maximum dispute resolution, therefore, set the summary procedure must conform to the requirements of the benefit value. The society every corner can get appropriate relief, the total amount of Justice—also known as the overall justice, this is the measure of a country's judicial standards high and low of the real scale. "This" overall justice maximize "point of view, to our knowledge of a whole new perspective. This article on the summary of the review with my trial practice, on the status of an in-depth analysis, criminal procedures applicable rates, simple procedure legislation rough, defendant knows security is not sufficient, the defendant has the right to choose not to respect and defend the rights of the defendant no issues raised profound explains, should extend the scope of application of the simplified procedure, Crown counsel must attend court, expanding the litigant's right to choose the program, establishing mandatory defense system and the legal aid system, and so has the practical significance of perfect simple criminal procedure of specific methods and legislative proposals, using foreign criminal justice reform experience, on the future of China's criminal procedure and the establishment of the proposed to the fairness and efficiency "as its theme, establishing the world simple criminal procedure development trends and China's criminal justice system.
Keywords/Search Tags:Simplified procedures, Legal basis, Problems and improvement, System construction
PDF Full Text Request
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