Research On Criminal Procedure Of Rapid Decision

Justice and efficiency have become the two values and targets of modern criminal judicatory, in order to find out the best conjuncture of them, countries of the two systems of law have set up all kinds of criminal procedure of rapid decision besides the general criminal procedure. China also put up two kinds of it—summary procedure and simplified general procedure for the sake of resolving the contradiction between the lack of judicial recourse and overstocked cases with very low efficiency. It is the providing about the Procedure of Rapid Decision in laws and related judicial explanations which is disordered, rough and unsystematic that leads to so many problems in practice. Begin with introducing the criminal procedure of rapid decision in west countries, the author analyses ours from two angles of theory and practice, and tries to build up a system of Chinese Criminal Procedure of Rapid Decision.Besides the preface and concluding remarks, this article consists of four parts.In preface, the author defines the Procedure of Rapid Decision and this is the foundation of this article. The first chapter introduces the criminal procedure of rapid decision of Continent Law including Germany, France, Italy, and Japan and Common Law including America and Britain, base on the introduction, the author makes some analysis and contrast for that. And what's more, this chapter also presents the relevant procedure of our country, Hong Kong, Macao and Taiwan. The second chapter analyses the values of the Criminal Procedure of Rapid Decision from two aspects— justice and efficiency. The analysis shows that it is necessary to set up the procedure in Chinese criminal procedure law. In the third chapter, the author mainly dissects the problems of this procedure in China, on the basis of which, the author puts forward some measures to solve them and thereby improve the procedure. The last chapter is the part which raises this article high. In this part, the author tries to construct a system of our Criminal Procedure of Rapid Decision. Firstly, the author sets up the lowest judicial standard for the Procedure. Secondly, the author arranges three kinds of procedures for the system and explicitly divides the applying scope of each. Lastly, the author also analyses the most popular procedure in today—Plea Bargaining and maintain that it is not suit for China to establish this procedure. In the last concluding remarks, the author makes a good think of Chinese criminal trial system on the whole.