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Study On The Criminal Summary Procedure

Posted on:2008-10-25Degree:MasterType:Thesis
Country:ChinaCandidate:X D PengFull Text:PDF
GTID:2166360242957543Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The current of the criminal justice innovation in the world is enhancing efficiency and ensuring human rights, the equity and efficiency is the two importance targets in the modern criminal procedure, the appearance of the summary procedure is for the sake of harmonizing the equity and efficiency, making use of the limited justice resource more sufficient, thereby in the case of ensuring the procedure right of the defendant. Because of the limited justice resource that the country devotion in the given date, enhancing the procedure efficiency is the only way to settle the stress of the more and more cases. How to balance the equity and efficiency in the summary procedure, is one of the important problem in the countries of the two law systems. In our criminal procedure law of 1996 prescibed the summary procedure in the first time, and in the later justice explain, setted the summary judgement in ordinary procedure as the supplement to enhance efficiency. From the time of the summary procedure, the discuss of it never stop, without question, the setting of the criminal summary procedure enriches the criminal judgement system. At the same time, there are many problems in our currently criminal summary procedure, the discussion of how to improve our criminal summary procedure has the double significance in the theory and practice.This paper which includes four parts emphasizing studies criminal summary procedure in our country. From the beginning of the basal theoretics of criminal summary procedure, the first part introduces the conception and the background of the criminal summary procedure, analyses the existent foundation from the theory and practice. The second part compares our criminal summary procedure with the overseas countries, introduces the criminal summary procedure of the dominating counties: Germany,America and Italy, summarizes the trait and the developmental trend, hoping to enlighten our criminal summary procedure. The writer stress introduces the criminal summary procedure in our country and brings forward the advice of improving the criminal summary procedure. The third part first introduces the historical evolution of our criminal summary procedure, second introduces the actual regulation and legislative actuality and comments them with own consideration. In the last part, the writer brings forward the opinion of the criminal summary procedure. Improving the criminal summary procedure should improve the ordinary procedure first, then set up the written inquisition procedure,enlarge the use bound of the criminal summary procedure and regulate public prosecutor must appear in court, conceiving the diversification criminal summary procedure. In addition, this paper comes down to the summary judgement in ordinary procedure regulating in the justice explain, after introducing the legislative actuality, the writer also consider the problem in the legislation.
Keywords/Search Tags:Criminal summary procedure, Equity, Efficiency, Improving
PDF Full Text Request
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