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Research On Chinese Criminal Summary Procedrue Perfection

Posted on:2010-11-01Degree:MasterType:Thesis
Country:ChinaCandidate:N LiuFull Text:PDF
Abstract/Summary:PDF Full Text Request
It is a simple and prompt criminal procedure,in contrast to criminal ordinary procedure,so criminal summary procedure not only plays a considerably important role in judicial practice,but also receives much focus and affirmation.Judicial justice and lawsuit efficiency are two great targets of the criminal procedure.Criminal summary procedure is exactly to moderate and guarantee the relations of the judicial justice and lawsuit efficiency,that is to say,raising the judicial efficiency while guarantee the judicial fairness.The Vienna Penal Code Academic Association in 1989 pointed out:"Simple case,can adopt,should also adopt a simple procedure".Criminal summary procedure suits not only development trend in the world system,but also satisfies our country which faces with the problem of currently lawsuit explosion and the low judicial efficiency and so on. Our country is in a period that the system is reforming.Accordingly,the legal system should keep with social development.In order to speed up the case turnover, save the limited judicial resources,raise the judicial efficiency,we should control the dealing according to the difference of the cases.Although our country set up the summary procedure while revising the criminal procedure law in 1996,a lot of questions have existed in our country's current criminal summary procedure.The article wants to examine closely the characteristics and the existing problems of the actual summary procedure that we face to,basing on the comparison research of some representative countries' summary procedures,and the analysis of the summary procedure's theory foundation,and put forward a tentative idea of establishing a pluralistic criminal summary procedure with Chinese characteristics: establishing written court procedure to deal with petty criminality;improving summary procedure;establishing the simplified trial for criminal common procedure in law;establishing the plea bargaining with Chinese characteristics.
Keywords/Search Tags:criminal summary procedure, judicial justice, suit efficiency, reconstruction studies
PDF Full Text Request
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