The Research On Chinese Criminal Summary Procedure

As an important system, criminal summary procedure started from England and has been adopted by many countries in the world. But the summary procedure hasn't realized its function of shunting cases effectively in our country, so that the original intention of lawmakers and sound wish of legislative community can't be presented. The academic community does some research on summary procedure, so as to make this system perfect. But, the individual research can't understand and improve this system comprehensively and thoroughly because of the different viewpoints. Therefore, it's necessary to go on doing research of criminal summary procedure deeply.This paper first explains that China established criminal summary procedure when modifying the Criminal Procedure Law in 1996, with the aim of settling the contradiction between the increasing criminal cases and the limited justice resources, as well as rationalizing the ordinary procedures. Then the paper analyses two value targets: justness and efficiency of criminal summary procedure. After reviewing the criminal summary procedures in other countries abroad, the paper summarizes them into three kinds: plea bargaining procedure, proceeding by decree and simplified judgment procedure. The summary procedure has been specified in the Criminal Procedure Law of our country. And the summary judgment of criminal ordinary procedure has been established in the form of justice explanation with the essential of simplifying judgment procedure. After analyzing, we can see that the criminal summary procedure in China has such problems as monotonic mode, missing in lawmaking, inappropriate practice operation and etc.After referring to the mode of abroad criminal summary procedure and reviewing the real situation of criminal summary procedure in our country, the author suggests modifying and improving the domestic criminal summary procedure and setting up multielement criminal summary procedure when modifying the Criminal Procedure Law next time. In addition, the author also presents the following ideas: establishing the Chinese proceeding by decree; setting up newsummary judgment procedure-----by combining the summary procedure with theordinary procedure, and improving it on the basis of enlarging the applicable range of current summary procedure; introducing "Plea Bargaining" for special cases at the given condition-----establishing Chinese plea negotiating system.