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The Research Of Simplified Ordinary Litigation Procedure For Criminal Cases

Posted on:2008-08-06Degree:MasterType:Thesis
Country:ChinaCandidate:J H XuanFull Text:PDF
GTID:2166360242465041Subject:Law
Abstract/Summary:PDF Full Text Request
It has been generally concerned lately that the reform in the way of conducting a criminal trial has been the central part of judicial reforms .To achieve juristic justice and improve litigation efficiency has long been one of the major objects in the field of criminal litigation around the world. However, justice and criminal litigation efficiency can never be achieved without efforts. If we couldn't balance well, we might put them in the opposition and finally lose both of them.Different types of reform on the simplification of litigation process have been carried out to solve problems mentioned above. In China, the same reforms are being rolled out. After exploring the background, practices and lawmaking of establishing diversified simplified criminal litigation process in the developed countries, the author found that there are some common features and trends in the process of simplifying criminal litigation efforts, such as diversified litigation procedure, more flexible application, separation of complicated and ordinary suites, improvements of litigation efficiency and concerns about human rights.Based on studies in China, especially on such aspects as the background of simplified ordinary litigation process, jurisprudence attributes, application conditions and operation, achievements, and the challenges we need confront, the author concludes that reforms on simplifying ordinary litigation process has already achieved some preliminary gains and still has a long way to go to get good balance between justice and litigation efficiency. The author argues that paying equal attention to human rights and litigation efficiency is precondition to avoid losing justice of simplifying litigation process. And also, with this as precondition could we balance justice and litigation efficiency well. Seeking for the fittest integration point of the equity and efficacy, which are the major two targets of legal procedure, is an important sector of the criminal trial mode reform.
Keywords/Search Tags:Criminal litigation, Simplified ordinary litigation, Justice, Efficiency
PDF Full Text Request
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