Reconstruction Of Criminal Summary Procedure With Limited Judicial Resources

During the development of law, people became to pay more and more attention to the legal proceedings. The country, that makes the rules of proceedings, on the one hand, try to make a set of comprehensive and sophisticated rules, with a view to achieving the legitimacy of the process; on the other hand, feels that the complex procedures causes inefficiency of lawsuits and waste of resources. Therefore, the best situation should be: On the basis of maintaining the legitimacy of the procedures, to simplify the proceeding rules of minor offenses and the undisputed cases, with a view to the protection of human rights and judicial economy to achieve a balance between resources. Since the mid-century, the improvement of legislation of criminal summary procedure and the improvement of the efficiency of the trial of criminal cases has become one of the major practice of legislation of all countries.The value and function of legislation of criminal summary procedure inevitably faces the conflict between the protection of human rights and improve the efficiency. To resolve the conflict is always the key for the success of the legislation of criminal summary procedure. In practice, many development countries have successful experience in the field and provide models for other countries.China's overall criminal lawsuit maintained a highly efficient, and the use of judicial resources have been quite reasonable. However, with the practice of the second instance of death penalty trial, as well as the increase of criminal incidence , and the decline in the number of judges as a result of judicial reform and other circumstance, China's criminal justice resources will quickly become scarce. As a result, it is a most economic and viable option to reallocate the judicial resources within a framework of stable total resources.The current criminal procedure legislation still has some defects, such as complex procedure, application standards have not been reunified, non-respect for the fundamental rights of the accused. Though some judicial interpretation make up for this, but the authority, legitimacy, stability, is still in doubt. For this reason, the papers consider it is appropriate to do a complete amendment for China's legislation of criminal summary procedure. At this stage, the theoretical preparation, the concept of amendments, summing up the practice and experience are essential. And its focus should be to save resources and protect the judicial process due a high degree of consensus. This paper will discuss the above-mentioned contents as a personal view forward.