On The Application Of Interests Balancing Theory-Analysis Of Criminal Summary Procedure

The reason for the establishment of criminal summary procedure is not only the pursuance of efficiency; the underlying cause is interests balancing. It is result from the balancing of public interests, personal interests and so on. It is the result the pursuance and distribution of justice. And the justice is every one gets his own justice or maximum interests. On the application of interests balancing theory, the criminal summary procedure is not only aim at efficiency but also at justice. Furthermore, there are more and more interests today, which conflict with each other. And the idea and policy of judicial have changed, which will have an effect on the application of criminal summary procedure. According to the interests balancing theory, the criminal summary procedure should guarantee the participation of litigants and there should be varieties of it. Holding this viewpoint and applying the interests balancing theory, this paper will analyze the circumstance of criminal summary procedure, and the application of it. There will be a conclusion of the character of it.