A Study Of Proceeding By Penal Decree

The criminal summary procedure is a relatively simple and convenient judicial procedure which the court applies to some simple slight cases. Existing summary procedure according to different extents of simplification degree, can be divided into three forms: Plea Bargain, Court's trial simplified procedure and Proceeding by Penal Decree. Proceeding by Penal Decree is a kind of written procedure applied to civil law system, without indictments, session decision and court trial, which have basically break through traditional inquisitorial procedure. Civil law countries carry on it to replace or simplify trial procedure.The summary procedure that China Criminal Procedure Law revised in 1996 stipulates, is a kind of procedure that simplifies some court's trial links. Because of the simplism and the faultiness of auxiliary facility when designed, its judicial function has not been brought full into play, and emerging other adjudication methods have not eliminated the drawback of uniformity in China criminal summary procedure . How to solve the increasingly conspicuous lawsuit efficiency and how to structure the summary procedure system of our country, have become the focus in theory and practice at present. Proceeding by Penal Decree is similar to China in legal background, culture idea and judicial system, so it can find the soil of survival and development in our country, and we can draw lessons from Proceeding by Penal Decree to structure ours written trial procedure according to our fundamental situations, in order to perfect the criminal summary procedure.