A Study On The Penalty Procedure

With the development of the contemporary science and technology, criminal cases are diversified. The continue rising in criminal cases and the limited judicial resources are the contradictions all over the world. Minor criminal cases need the speedy trial in time to make enhance the speed and the value of its unique vision for the common people and attract more concerned of the common people. In 2009 the "People's Court of the Third Five-Year Reform Outline" was also proposed, it establishes the clear cases for minor criminal justice system and expand the scope of application of summary procedure. Therefore, how to learn from foreign countries on the basis of successful experiences, to build the system under the national conditions of China is where the thrust of this study. The present paper is composed of four parts which about 3 million words.The first part of an article deals with cases which are the points of breakthrough, leads the taking of the paper to the penalty process, witch introduces a penalty to make the content and features of the procedure. The article holds that the penalty is a non-indictment process, not court decision, and it is without the written trial procedures. In such proceedings, the court only acts as the prosecutor or the judge, and it only acts as minor penalty; It only applies to the written proceedings at the grass-root level by the court and it tries to implement a single system. The way to prosecute the case is transferred introduction of the final appeal in the first instance.The penalty procedures from Germany, Italy and Japan and other countries are investigated in the second part. In civil law countries, such as Germany, the procedure would be the most comprehensive sanctions, so does the Italian penalty procedures. The Japanese follows the Germany to set up the procedures. Based on the penalty procedure adopted by the countries listed above, the study holds that: the procedure of criminal penalties is a major application in civil law countries which is to some extent universal and effective in the judicial practice.The issue on the carrying out of the procedure is the third part of the study. The study holds that Criminal procedure exists as a quick and economical penalty procedure which has the following : it can directly realize the effectiveness of the proceedings of the case; and it can also indirectly achieve the overall efficiency of criminal justice. At the same time, the study points out that its "economic" sets up on the basis of "fairness". First of all, the penalty of the system design process aims at protecting the rights of the premise of the parties, reflecting the idea of justice; Secondly, the "efficiency" in the pursuit of diversification reflects the requirements of substantive justice; Finally, the case quickly in time of the courts, in favor of safeguard the legitimate rights and interests of parties, reflects the requirements of procedural fairness.The fourth part of our country based on national conditions of the procedure penalty in the need of the introduction of our country and the feasibility of the procedures and penalty in China put forward specific ideas to build. The article also points out: the introduction of penalty judicial resource is needed in china in order to eliminate the existing drawbacks existed in our country. The study discusses the traditional punishment conditions, actual conditions, system conditions in order to have a smooth discussion. Besides, the legal background of civil penalty proceeding is also discussed in order to make a realistic run of the study. "Criminal Law" and "Code of Criminal Procedure" are the two concepts for the introduction of procedures to provide a legal basis. The "loose and strict punishment" principle of our country's criminal policy provides the basis. Based on the experiences borrowed from Germany, Italy, Japan and some other provisions, and taking the considerations of our country's basic national conditions and the procedures of the local community, the study proposes the following recommendations: (1) The study advocates the application of penalty which should be limited to the scope of the procedures for the sentence of the "three-year suspended sentence in prison, control, punishment or exempted from criminal punishment" the case and the applicable penalty the amount of the fine process of innovation, and advocate for the maximum amount of personal punishment 10 million Yuan, 500,000 Yuan for the legal person; about juvenile delinquency penalty can be applied to make the procedures of the article do not agree with German practice, that a minor crime penalty can be applied the procedures, but should be prudent in order to apply strictly the conditions. (2) At the start up procedures, with reference to Germany and Italy, Japan, the different provisions of the article that Japan learn from practice in the proceedings to the defendant on the premise of the agreement. (3) the defendant has the right to exercise objection, the study holds the innovation about "for a number of the main objections to the right to only one person objected to the question" and " the penalty for the duration of the objection". (4) The problems about trial period, the study holds that the court received the prosecution should be punished in the application within fifteen days to review and decide whether to make the issue of punishment. (5) Regarding the procedures of penalty relief mechanisms, the study argues that in this procedure the parties have the right to file a complaint and the prosecutors have the right to appeal a higher court. Finally the article points out that the penalty on setting up the procedure can not be achieved overnight. It is necessary for us to borrow the useful experiences from foreign countries on the basis of our country to fully integrate the nation based on the conditions of china.