On The Protection Of The Defendants' Rights In Summary Criminal Procedure

The legislature in china didn't clearly define what summary criminal procedure is when they are setting it up. In the meantime, researchers view the concept from different angles; therefore, we don't have a common widely agreed concept for summary criminal procedure. This concept can be classified into three different categories. In the narrow sense point of view, summary criminal procedure is formed by both the 174-179 of the Criminal Procedure Law, and 'Several Advices on the Application of Summary Criminal Procedure in Public Prosecution' which is published on March 14^th. 2003, by the Supreme People's Cournt, the Supreme People's Procuratorate and the Department of Justice. Others consider the Summary Criminal Procedure is defined as the simplified procedure during the justify process. It includes the Summary Criminal Procedure from the narrow sense, and further, the simplified procedures contained in 'the Several Opinions on the Application of General Procedure in Hearing Cases Which the Defendants Plead Guilty (For Trial Tempementation)'. From the broad sense, the concept is defined as the simplified procedure during the hearing case. The author defines the 'summary criminal procedure' as common justice procedure, which equals the 2^nd concept above. Justice is the sensual value orientation of simplified procedure. Efficiency is important value orientation to the simplified procedure as well. The two major value orientations not only share similarities, but also conflicts in the mean time. This is because; justice could be limited when chasing efficiency, further, efficiency could be sacrificed when justice get improved. This has raised some difficulties in protecting the legal rights of defendants when using simplified procedure. This paper mainly focuses on the positive side of protecting the legal rights of defendants when using simplified procedure. It has firstly analyzed negative impact of the simplified procedure, then from enhancing protecting the rights of defendants, and finally the author brings out several suggestions on perfecting the simplified procedure regulation of our country.