Construct Various Criminal Summary Procedure

Criminal summary procedure is a simple procedure at lawsuit stage and link in contrast with the general procedure. Setting up and managing summary procedure is a necessary choice of pursuing justice and lawsuit efficiency. Chinese criminal procedure law stipulated summary procedure in 1996,then China tried different reforms in the judicial practice for raising the applicable scope of summary procedure. However, since the singleness of summary procedure legislative mode and the lacking of related system, the summary procedure and reforms both failed to realize the best disposition to judicial resources. This thesis reviews some representative summary procedure mode overseas and the implementing of Chinese summary procedure, then proposes several suggestions to constructing the various summary procedure.This thesis can be divided to 3 parts. The forward,the main body and the conclusion.The forward part introduces the necessity of constructing various criminal summary procedure.Main body can be divided to 4 parts. Chapter 1 introduces the legislation and practice of Chinese criminal summary procedure in detail, finding out the problems of active summary procedure. These problems both on legislation and practice. Concentrated reflections on the narrow of practical scope of summary procedure, and the disadvantageous of ensuring defendant's human rights—just the two aspects of absence in seeking efficiency and just equalization point.Chapter 2 reviews representative summary procedure overseas. This part introduces the mode and the reform recently. Author compares with foreign and our country's summary procedure, in order to offer some references for various summary procedure of China.Chapter 3 analyzes some relevant concepts with the summary procedure especially of the defendant admit-guilty procedure .Put the practice into due procedure system is an important aspect of various summary procedure. This chapter pays attention to practice in China, in order to look for a new criminal contract which on the basis of the plea bargaining and composition of the criminal reconciled.Chapter 4 constructs various criminal summary procedure. There are two principles, first is due procedure, second is justice and efficiency. The proposes of legislation contains setting up different kinds of modes and consummating the relevant rules. Setting up a new admit-guilty procedure and a punish orders. Resolving the problems existing and constructing interrelated rules.The conclusion emphasizes the summary procedure must be due procedure.