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Investigation Of Criminal Summary Procedure

Posted on:2006-10-21Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiFull Text:PDF
Abstract/Summary:PDF Full Text Request
Justice and efficiency is valuable objective of modern criminal procedure. Applying summary is to coordinate the contradiction of justice and efficiency, and find the best balance. So we can make the use of limited judicial resources, ensure realization of agent' s privilege. In3, 1996, our country add the summary procedure in the new criminal procedural law. The summary procedure not only has it' s significance in the lightening the court' s trail burden, and efficiently raising the of judicature, but also comply with the development tendency of guaranteeing civil rights, and ensuring human rights, promote judicial practice' s transform of the trail model from the function and powers system to the adversary system and the function system. But criminal summary procedure is a new style for our criminal trail practice, the system' s establish and operation is not perfect, there are several controvert and flaw, this article is to put forward suggest about the necessity, character, development tendency of summary procedure ,and compare with the foreign criminal procedure.This arctic relates concept and sort of criminal summary procedure in the first section, demonstrates the theoretic basis and practical basis of producing summary procedure, and generalizes the prescription of the summary procedure in other countries and districts. The incidence of crime all over the world is increasing at the speed of 5% per year, meanwhile people have much move requirement on procedure justice, but people wouldn't spend all resource on criminal trail. The only solution to balance the procedure justice and efficiency is establish the summary procedure .Theway to solute the question by increasing the judicial efficiency, enlarging the application range of the summary procedure, complying with word tendency.Defendant has little right in the summary procedure than in the common procedure. If it has legitimization, we think the essence of procedure legitimization lies in the justicial judgement and the balance of defender and accuser, the summary procedure keep the character of that the judge is neutral, defender and accuser is balanceable. The summary procedure conform to the least demand of procedure legitimization, it conform to the demand of trail construction, too. The summary procedure has its signification in the efficiency legitimization, it is suitable for the requirement of the substantive justice.In the second section, we analyze the present conditions and the questions of the Chinese summary procedure. First, to the scope of the summary procedure, we should make clear the scope on legislation, we should establish the sort system of felony and misdemeanor. To the style of trail, the prosecution should attend the trail on the court, to ensure the completeness of trail. Material of public prosecution case couldn't wholly be send to the court, it will avoid the trail is formal. During the course of the trail, we should respect the right of choosing procedure. On the second, to guarantee the right of defendant and victim, we should change the monopolization of the court, and give the right to choose procedure to the defendant To guarantee right to learn the truth, the prosecutor should send all evidence material to the court, the court couldn't apply the attacking evidence. To the right to seek the help of lawyers, because our criminal procedural law don't especially graduate the right in the summary procedure, human right in the summary procedure easily be neglected. So we should reform the right to seek to help of lawyer on legal. Judge should appoint lawyer to the defendant, and prosecutor should attend the trail on court to balance the trail.From the tendency of summary procedure, we can find that not only the adversary system country but also the function and powers system country, they all combine the efficiency and human right We should pay attention to protect the human right, especially the defendant In the article, we contrast the England, Italyand other constricts, we put forward opinion about the summary procedure.
Keywords/Search Tags:procedure legitimation, efficiency, summary procedure, the human rights of the defendant, right of start procedure, right of change procedure
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