Approach To The Perfection Of Summary Trial And Confession

With criminal cases mounting in the number, it has come to the attention and research of judicial departments how to achieve a higher efficiency by means of various cases dealing methods based on the current judicial resource, under the premise of guaranteeing the justice. Among them, applying different approaches to cases varying in complexity appears to be an effective way.The confrontation between the prosecutor and defendant constitutes the applicable premise for common trial. However, in case of the defendant's confession, the necessity for such a common trial disappears with the confrontation vanishing. The current regulation of summary trial just tries to adopt a quicker approach to cases of confession based on clear fact and adequate evidence, mainly shortcutting the court investigation and disputes. This thesis, first of all, admits the reasonableness of design of the summary trial from three levels namely the legislature, practice and international environment. Nevertheless, the current regulation also sees various weaknesses such as defect in the function of fact discovery and the design of the procedure commencement, and potential risks for the confession returning to be the so-called"King of Evidence"and the trial reverting to the previous problem of judgment in advance before the trial.This thesis tries to illustrate its perfection for the summary trial in four progressive steps, namely, reconstruction of the procedure's justness, consummation of relevant litigant ideas, completion of procedure design in detail and finally, construction of auxiliary systems. Positioning of the justness basis is of great meaning for the design of any judicial system, and furthermore, decides the possibility for the eligibility and consistent development of the system in judicial practice. The writer doubts that the current regulation as"the defendant may get lighter penalty in accordance with specific situations"appears somewhat ambiguous and lacking in clear operation. Moreover, it's a dialogue without adequate consideration and getting the system of summary trial exposing to a lack of justness. Therefore, it's to reconstruct the justness basis of the summary trial, clarifying the regulation for lighter penalty and crediting the essence of the justness to the fact that the defendant shall enjoy a compensation of rights for his reduced or restricted litigant rights due to application of the summary trial. On consummation of relevant litigant ideas, apart from the emphasis of modern criminal litigation on cracking down on crimes and protection of human rights in equality, we also need to, in respect of the specialty of the cases applicable, introduce into the idea of litigant deal and practical attitude so as to achieve mutual benefit, admit the limitation of and price for the justice, and realize the penalty application perfects in its quick and timely use, rather than merely threatening by means of several penalty. Finally, as for the completion of procedure design in detail and construction of auxiliary systems, the crucial point lays on protection of the legitimate interests of the defendant, and in particular, guarantee of the fact that his confession is a voluntary, knowing and reasonable choice based on his clear knowledge of the accused crime, the consequence of his confession, his waiver of certain litigant rights thereafter and evaluation of the evidence power on the two sides.The modern criminal litigation emphasized the litigant democracy and protection of human rights. Differentiating from the traditional criminal litigation, which merely cared for the cracking down on crimes and severe punishment for the criminal, the call for protecting the legitimate interests of the defendant has gradually come into the view of the theoretical and practical circle. With its specialty in the applicable cases of confession only, the summary trial finds itself in the sharp confliction between the two great procedural value goals as justice and efficiency, and therefore, arises wide attention in the academic world. Confined by limited knowledge, the writer feels sorry for some immature and superficial ideas that may appear in this thesis. However, the writer just attempts to cast away a brick and attract a jadestone, waiting for valuable guidance by experts.