Thesis On The Defendant's Selection Of Criminal Process

Selection of criminal process is one kind of right the defendant shares to accept or refuse certain criminal prosecution which determines the process and fashion of criminal proceeding. Selection of criminal process concludes several specific rights, such as Selection of statement, Selection of undertaking recognizance upon bail, Selection of summary proceeding, Selection of criminal settlement, Selection of expert's attending justice and so on. Public security organ and judicial organ have corresponding obligations to disclose. Actually Selection of criminal process belongs to one kind of right of disposition in the proceeding the defendant shares to select and alter. Selection of criminal process has four characteristics, free will, aggregation, in condition of several proceeding and proceeding determinant.Selection of criminal process is not a kind of insignificant right. There is the profound rational backside. It is necessary to establish the system of Selection of criminal process to ensure the minimal standard of fairness and make criminal proceeding produce ability to hold the scales even. In the thesis, the writer discusses the theory basis of Selection of criminal process from three aspect, those are theory of subject of criminal proceeding, theory of balance between charge and debate, theory of economical litigation. The most important theory basis of Selection of criminal process is the theory of economical litigation.In regard to Selection of criminal process, we have not systemic regulations in our country. There are only certain specific rights in the regulations. We can find that our country gives more and more importance to Selection of criminal process in the legislation actuality. As one kind of theory thought in constitutional surface, Selection of criminal process embodies democracy, civilization and humanism. Through giving the defendant certain selective space and selective rights in certain range, the defendant's personal willingness gets materialized. Selection of criminal process reflects more and more care and respect on weak population in the legislation, so criminal proceeding has more humanization color. As one kind of thought of law-economics, the defendant's Selection of criminal process has its own way of balancing entity benefit and procedure benefit and has its final purpose of realizing the minimal judicial resource. As one kind of condition restrict of national capacity, the defendant's Selection of criminal process makes national capacity move in a normative circle. Selection of criminal process is not single right or specific right, it is an aggregation with a series of procedure rights, The important rights are Selection of statement, Selection of undertaking recognizance upon bail, Selection of summary proceeding, Selection of criminal settlement,Selection of expert's attending justice. Selection of statement means that in any period of criminal proceeding, the defendant has the right to select guilty statement or innocent statement and has the right to keep silence or refuse to answer the disadvantageous questions. The defendant will not get unfair treat because of enforcement of right. Selection of undertaking upon bail means that law endows the defendant with rights to select personal guarantee or property guarantee. Selection of summary proceeding means that the defendant has the right to apply courts for summary proceeding with legal condition and has right to accept or refuse prosecutorial office. Court will alter the proceeding when it is adaptive to summary proceeding. If the defendant refuses to apply summary proceeding, court must apply general procedure. Selection of criminal settlement is one kind of right the defendant share to select to apply or refuse the proceeding of criminal settlement. Selection of expert's attending justice means that the defendant has the right to request experts as jury to join his own court or only request judge to join its own case.In order to endow the defendant with real Selection of criminal process, we should establish the defendant's Selection of criminal process as the basic principle in the Criminal Law. Meanwhile, we should establish the perfect system of safeguard rule. We should endow the defendant with Selection of criminal process definitely, take dangerousness of the person as the factor of weighing of penalty, add the process of putting off sue, establish the system of expert's attending justice, enlarge the scope of designated defending and other system of safeguard of Selection of criminal process.