Study On The Criminal Summary Procedure

The summary procedure of criminal lawsuit, compared with the ordinary procedure, is a kind of relatively simplified procedure of the criminal lawsuit institution. Through simplifying some link and procedure of the ordinary procedure to different extent,and as a result, its main purpose of quickly disposing the cases would be realized. Without question,in the condition of the extreme limitation of judicial resources,the summary procedure of criminal lawsuit is playing a active role in improving the judicial efficiency by a big margin. Now the summary procedure of criminal lawsuit are specially established by most countries of the world ,which not only showing a feature of large kinds and wide application ,but occupying the central position of the criminal procedure step by step and having a large effect on the lawsuit practice.Our country set the summary procedure in the first trial procedure when modified the criminal procedure law in 1996 .It can be said that the establishing of the summary procedure of criminal lawsuit in China,is no doubt a historic break. The summary procedure play some active role in lightening our present judicial burden and improving lawsuit efficiency,but because of its rough legislation article,being short of operation possibility and its narrow scope of application,it is difficult to meet the needs of the criminal lawsuit work,and as a result,the practice effect is not very ideal. It is time to reform and improve the summary procedure of criminal lawsuit because of the strongly appeal made by the theoretic world and the people engaged in practice.Now the theory and the practice's understanding on the summary procedure of criminal lawsuit is not only restricted in the traditional summary trial procedure,but also extended to all the ways in disposing cases that doesn't through the formal trail procedure. For example,the American Plea Bargaining,the German punishment procedure and the acknowledges guilt to punish procedure and so on. And at the same time ,some scholars have extended their research of the summary procedure from the trial stage to the front trial stage,and they hold that it is necessary to set summary procedure in the front trial stage,such as without bringing an action against the light guilt and so on. This paper from the beginning of the significance of the application of the summary procedure,emphasized its important part in realizing the target of lawsuit effectivement,and also comparatively analysed some foreign typical summary procedure of criminal lawsuit. The paper analysed the defects of the present summary procedure of criminal lawsuit in China,based on stating the development of the summary procedure in our country,and at the same time proposed some improving suggestions in accordance with the defects.