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The Research Report Of Intermediate People's Court Of ChongQing Area In A Trial The Implementation Of Streamlined Common Proceeding

Posted on:2010-09-25Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y ChenFull Text:PDF
GTID:2166360275460527Subject:Criminal Procedure Law
Abstract/Summary:PDF Full Text Request
Streamlined Common Proceeding is establishes also obtains the highest judicial organ to approve carrying out by the practice department one new criminal case fast trying way. Comes from implementation until now for more than seven years,this trying way all continuously receives the very great dispute in the theory and the practice domain.Regarding this,this article goal lies in to the criminal ordinary procedure simplification examines the way movement the actual effect and so on to carry on the inspection,the evaluation and the proof,again begins from the programming and the necessary system aspect to seek the countermeasure,proposed consummates the suggestion.The full text divides into the introduction,the main text,and the concluding remark three parts.The main text part altogether has three chapters,approximately 20000 characters.The concrete content is as follows:First chapter divides into three parts.First is the basic situation outline,namely five basic unit courts in recent years the criminal first trial case was suitable the situation to the ChongQing some courtyard area of jurisdiction in which the Streamlined Common Proceeding to carry on the whole the outline.Next,is suitable the working instruction to each court which Streamlined Common Proceeding to carry on the whole the outline.Next,is suitable the working instruction to each court which Streamlined Common Proceeding to carry on the analysis.Mainly has:(1) Understood correctly "Streamlined Common Proceeding" connotation,this correctly is suitable the premise which the Streamlined Common Proceeding.(2) Grasps the suitable condition and the scope which Streamlined Common Proceeding.(3) The attention puts on record the examination,completes from start way obtaining is suitable the condition and the scope examination work.(4) Concrete operation hearing,strictly according to "Opinion" the request carries on the court investigation and the court debate.(5) In the earnest assurance hearing change completes the procedure promptly the transformation.(6) Written judgment simplification manufacture.(7) Other situation explanation.Last the part is a questionnaire survey analysis which the author does.Its significance lies in,feeds back the information according to the careful establishment 15 questions and the questionnaire,to simplify as the next chapter examines the movement effect to launch the evaluation to seek the reality the proof and the support. Second chapter divides into two parts.This chapter dialectically will regard the result from the pro and con which Streamlined Common Proceeding will examine.The first part affirms it in the judicial practice positive role:(1) the reduction hearing time saves the lawsuit resources,enhances the lawsuit efficiency.(2) enhanced has been in court judged rate the kimono sentenced rate,increased the clothing to sentence rate,thus achieved controlled, debates,examines tripartite basic satisfaction.(3) Respects the accused person fully the option, has manifested the procedure fair intrinsic request.(4) Prominent hearing key,optimized trial resources disposition strengthens judge to control the hearing ability.(5) The guarantee hearing centralism,carries on continuously,avoids duplicating holds court.The second part examined Streamlined Common Proceeding the way the insufficiency and the existence question:(1) the applicable scope too is narrow;the start procedure too is strict.(2) applicable scope insufficient standard,to minor crime and limit legal responsibility ability artificial main body crime case elimination outside applicable scope.(3) the simplification presents evidence, questions witnesses the link too to be sometimes broad.(4) To accused person lawful right protection existence adverse effect.(5) The umpire personnel to simplifies examines the way to be suitable too cautious.(6) The office equipment does not form a complete set.Mainly is owes the developed area in the economy,reduced the judicature staffs management efficiency.Third chapter mainly aims at the question which in the implementation exists,from suited the Chinese national condition the angle to embark,proposed the consummation criminal activity Streamlined Common Proceeding this hearing way correlation necessary measure and safeguard mechanism certain suggestions.Includes specifically:(1) in front of the establishment perfect courtyard the evidence exchange system,guarantees controls debates both sides in front of the courtyard the comprehensive grasping case fact,for is suitable Streamlined Common Proceeding the way creation precondition.(2) the standard, consummates the simplification to examine the case the applicable scope,the accurate assurance "the accused person acknowledges guilt" connotation.(3) The standard and the simplification presents evidence,the questioning witnesses link,the realization fair and the efficiency unification.(4) Practically protects the procedure option,the right to counsel which the accused person enjoys and finally states the power and so on the basic right.(5) the expanded Streamlined Common Proceeding the start the suggestion scope,may allow the lawyer to some cases to propose the written application is suitable the simplification examines the way,in front of the establishment courtyard when the decision and the hearing "immediately decides" and so on the start ways,for people's court nimble grasping.(6) Reform written judgment simplification manufacture.The collegiate bench should write out the discretion of punishment the reason,convinces people by reasoning,after causes the accused person to look clear,acknowledges guilt to submit to punishment on own initiative. (7) Strengthens the people's court hardware facility construction.Provides sufficient handles a case the funds and the good working conditions for the basic unit judicature worker, guarantees them to do the work effectively.
Keywords/Search Tags:Common Procedure, Summary Trial, Fairness, Efficiency, Justice
PDF Full Text Request
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