Study On The Criminal Summary Procedure

The ordinary procedure of criminal prosecution is from take the fact dispute as the core difficult case angle consideration,The legislator focuses from the worst angle may cause the criminal ordinary procedure to have biggest may the foresight and the tolerance,With the biggest strives for the programming to be more reasonable diligently.The fine programming guarantees the truth the finally discovery, Legislator's design mentality and the starting point are undisputable,But fair cannot neglect the lawsuit efficiency during the pursue judicature.This paper from comparative analysis various countries and our country existing criminal activity simple procedure obtaining, The final goal is designs reasonably one conforms to the criminal simple procedure reform path which the practice needs.This paper altogether has five parts of contentsChapter one is about the simple procedure concept launches and the value evaluation.This chapter is composed by two parts,First part,The simple procedure concept launches; Second part, Simple procedure value orientation.Starts the article to make a simple introduction to the simple procedure concept,The theorists have not formed a unified concept at present regarding the simple procedure concept,Because the wish knew what must clarify for the simple procedure is the ordinary procedure first. But ordinary procedure itself also is a relative concept,that is stratified. Must understand the simple procedure,must need from its relativity obtaining analysis,to make the reference standard by the ordinary procedure.Defines us to the simple procedure also to be supposed understood from generalized and the narrow sense angle, we must study the simple procedure is the generalized on concept,not only in other words, here inquisition is restricted in to the official hearing simplification, but also includes examines front the simplification.After clearly what was the simple procedure, and needly let the reader know the simple procedure the value, why had to establish the simple procedure outside the ordinary procedure.This question we analyze from the rationale and the practical significance two stratification planes, the simple procedure theory originates of the lawsuit benefit theory,but the practical significance is it to the ordinary procedure guarantee function.Chapter two is about the foreign simple procedure main pattern and characteristic.Our country is a developing country,in under our country present stage judicial environment, outside the territory government by law experience has the extremely important reference value without doubt.In the comparative analysis various countries about in the simple procedure stipulation foundation,the various countries' criminal simple procedure which has makes a basic classification, has three big kinds specifically. First, makes the system take Germany as representative's punishment, its basic characteristic is the judicial organ folk remedy after the case recognized the fact adopts the simplification procedure,it entrusts with procuratorial agency certain freedom to decide after deliberation the power. In addition, France's processing disobeys police regulations the most case the simple procedure, the Italian criminal activity order procedure is the Italian type punishment makes in the procedure, the Japan criminal prosecution slightly -like the procedure,their legislation intention and the idea all are similar in the punishment make the procedure; Second,US explains the transaction for representative,its essence is the civil mediation in the criminal prosecution utilization, namely abandons the truth direct pursue to control debates the bilateral compromise. Third,acknowledges guilt to punish the procedure, its essence is judge in the defendant acknowledged the indictment boosts decides the indictment for really,is one kind of estimation real simple procedure. Acknowledges guilt to punish the procedure also is at present applies the most widespread simple procedure, its rationality also has in our country's judicial practice manifests obviously.After it enumerated several kind of typical simple procedures, summarizes the foreign simple procedure characteristic, in which very many characteristics is precisely our country simple procedure flaw.For example, the simple procedure multiplication, the accused person enjoy the full option, the simple procedure pretage, attorney participate in and so on, the above also are fully key points which our country criminal activity simple procedure reform must pay attention. Chapter three is about the under right simple procedure validity.In simple procedure establishment foundation, analysis simple procedure possibility, also where is the simple procedure validity manifests?And why can the simple procedure produce essentially, where rationality manifests?This chapter gives the analysis explanation from the simple procedure substantive validity and the form validity two aspects, lets the reader first also feel its vitality.Since the judicial pursue benefit,that meant simpler better? Uncertainly,because the judicial pursue fair forever is the lawsuit system core, the efficiency is only the secondary value,the pursue can damage fairly in no way to the efficiency.Therefore we need to give the simple procedure to establish a fair agent, this agent is controls debates the equality and judge the neutrality, the clear this agent we only then may resolute reform.Chapter four is about the introduces our country the present situation of criminal activity simple procedure.Our country's criminal simple procedure is in a narrow sense, it only aims at the hearing, such system design artificial limit our country simple procedure should transport the scope.In fact, our country's criminal simple procedure is suitable is not ideal, the judicial burden serious aspect obviously has not been improved.Then where has the question?Not only has the system to design also has in the technical flaw.Because our country existing criminal activity simple procedure has not been able to display time the legislation anticipated effect, therefore"the ordinary procedure simple examines"the pattern reform promoted the nation. It is not in the true sense criminal simple procedure, but is in under the existing legal frame, to certain is suitable the ordinary procedure the first trial criminal case, acknowledges under the guilty premise in the accused person, in fact clear, in evidence full foundation, simplification part trying procedure and link, in order to achieve settles a lawsuit fast one new hearing way.When commends the sound had not been understood by the ordinary populace, right"the ordinary procedure simple examines"sound of the criticism is as if more violent, more matters come from business sound, in simple examines in the actual operation had very many problems.Found the question to act appropriately to the situation in Fang Neng, also provides the experience and the model for our last chapter of our country simple procedure reform.Chapter five is about the restructures our country criminal activity simple procedure.Front we introduced several kind of overseas model simple procedures, also analyzed our country criminal activity simple procedure present situation and the insufficiency, this all upholstery all are can find one for finally us to conform to our country national condition, also can truly alleviate the existing judicial resources embarrassed heavy burden aspect the criminal simple procedure road of transformation.First part of this chapter,First pointed out my reform overall devised, this conception no longer is the existing procedure simple consummation, the further designs can adapt the different case nature multiplication criminal simple procedure.Second, three part of specify several kind of suggestions and opinion feasibilities.I thought acknowledges guilt to punish the procedure to be able the reality possibility to be biggest in our country, on the one hand, our country's ordinary procedure simple examines at present is overseas acknowledges guilt in the punishment procedure foundation in the model to produce, this acknowledged guilt for our country the punishment procedure to create the good realistic foundation; On the other hand, acknowledges guilt to punish the procedure to be suitable widely, can effective alleviate our country judicature resources short the contradiction which increases massively with the case.The reason that the meeting wants to design our country's punishment to make the procedure, is because the foreign punishment is approached extremely the procedure suitable case certain situations which our country "Public security Management Punishment Law" processes at present, but this part in our country is by the public security organ responsible, and turns over to it to the administrative law and in the administrative procedural law scope, but the administrative oversight far inferior judicature surveillance is fairer authoritatively, turns over to this part of contents to the criminal prosecution domain is feasible.