On The View Of The Criminal Justice Process Summary Diversified

In 1996, "Criminal Procedure" amendment, the way the criminal justice reform and to explore, not stagnation but also more active. Criminal summary of the reform became a hot issue, highly concerned about the theoretical circle. This article from the perspective of the Justice of the procedure, analysis of China's criminal summary, analysis of the existing criminal summary of the disadvantages of a unified, the establishment of proof in criminal summary of the legitimacy and feasibility of diversity, and criminal procedure Simple idea of a wide range of legislation with a view to promoting China's criminal summary of the deepening of the reform.The article is divided into six departments. The first part, on the theory of criminal conduct as defined in the Summary. That the criminal is a summary of ordinary criminal procedures simplified, is a criminal investigation procedures of the trial court cut.The second part of the summary of the theory. Based on the efficiency of the proceedings, the protection of human rights, pluralism and dispute settlement mechanism, such as minimum legal theory exposition, a summary analysis of the reasonableness of the argument on summary proceedings is an important manifestation of the protection of human rights, and to simplify the summary Minimum. Part of this theorythrough the analysis of the level of proof to prove that the summary procedure under the perspective of the Justice of the rationality and feasibility.The third part of the world tend to diversify summary comparative study. Based on Two Legal summary of the criminal legislation of comparison, the foreign criminal summary on the diversification of legislation and judicial practice to address the backlog of cases, into a foreign criminal summary of the general characteristics of that diversity is a summary of today's Summary of criminal legislation trends.The fourth part of our criminal summary of the analysis of the defects. Based on the summary of China's criminal scope of application of the conditions, set out China's criminal summary of the characteristics of China pointed out that the criminal summary of the flaws: the procedural requirements of a single, non-standard settings, ignore the rights of the accused, the case shunt dysfunction . As a result, our summary of the urgent need for diversification.Fifth, China's criminal summary wide range of useful exploration. The article analyzes the ordinary criminal process to simplify the trial, their theoretical position that the ordinary procedure of the simplification of a pre-trial summary of the basic features, and its essence is a summary. At the same time, the general article on the procedure of the simplification of the trial, both positive and negative significance for the set, pointing out that the simplification of the trial and the lack of criticism will certainly simplify the procedures for ordinary criminal trial is the summary of China's reform and legislation beneficial to the move, in line with the criminal summary A wide range of trends.The sixth part of our criminal summary of the idea of legislation. First of all, the establishment of China's criminal summary of the principles defined. Easy to set up criminal proceedings should follow the ordinary procedures and take into account summary, the coordination of justice and efficiency, based on national circumstances, a reasonable draw, to establish principles of diversification of the Summary. Secondly, the establishment of micro-crime cases to deal with the procedures and penalties to make the defendant pleads guilty in the case of summary trial procedures. Simple procedures for the trial of the accused to plead guilty as the current procedures for handling summary trial and to simplify procedures, is the merger of the two procedures; trial of the two forms of organization, the way the trial is slightly different.