Reconstruction Of Criminal Procedure At First Instance For China

Trial on indictment is in the key position of criminal litigation procedure. Justice and efficiency are the fundamental values of the criminal litigation procedure. Because the standard of justice is not definite and the efficiency can be seen as the second form of justice, promoting efficiency shows its practical meaning to criminal litigation procedure.The author fined limitations after studying the criminal proceeding prior to trial, the criminal summary procedure and the simplified ordinary procedure in our country. The author put forward the reconstruction of the criminal procedure at first instance in china especially on considering of efficiency, at the same time, the author studied the similar criminal litigation procedure at abroad. The author suggested that: it should construct preliminary criminal proceeding in our country. If the indictment is not triable, it should be turned back to the procurator's office. If triable, after the discovery of evidence, at the situation of"the defendant pleas guilty", the indictment should be tried under criminal summary procedure for the criminal act is not serious, or be tried under simplified ordinary procedure for the criminal is serious. If the defendant refuse to pleas guilty, or the indictment is absolutely serious, it should be tried under common criminal procedure. All of these have no template in the world; it's a kind of attempt by the author.This article is divided into three chapters except preface and conclusions. Chapter one analyze the justice and the efficiency in criminal litigation procedure. Firstly, the author discussed the standard of justice is not definite and the relationship between justice and efficiency. Secondly, the author put forward two ideas of seeking efficiency in criminal litigation procedure for the examples of preliminary criminal proceeding and criminal summary procedure.Chapter two investigate and evaluate the criminal procedure at first instance at home and abroad. Firstly, the author studied the preliminary criminal proceedings at home and abroad, then the criminal summary procedure.Chapter three the author put forward the reconstruction of the criminal procedure at first instance and the perfecting of relative specifications on demanding of justice and efficiency. This is the most important chapter of this article. The author suggested...