On The View Of The Criminal Justice Process Summary Diversified

In recent years, With the rapid development of the economy and the pluralism of the thoughts, the crime is becoming rampant and has become a serious problem in modern world. The criminal summary procedure originated from the increasing criminal cases and the lack of judicial resources. Meanwhile, with the improvement of human beings civilization, the ordinary criminal procedure is more concerned with the protection of human rights and the operation of procedure justice. However, facing the accumulated cases, efficiency has become the key. In order to guarantee the procedure justice and improve the efficiency of the criminal proceedings, the only solution is to simplify the due procedure.The whole thesis can be divided into five parts.Chapter one is the introduction of the criminal summary procedure, It is a kind if simplified procedure based on criminal ordinary procedure. According to different extents of simplification, the summary procedure can fall into three types.The first one is Omitted form of procedure of court trials. In this procedure, the course of court trial is totally omitted. The second one is Simplified form of links in ordinary procedure. The third one is Plea-agreement form which refers to an agreement about the committing and sentencing between prosecutor and defense attorney or defendant. The formulation of summary procedure is prevailing across the world. The following countries such as the Great Britain, America, Germany, Italy, Japan, etc.Chapter two is the justifiable interpretations of summary procedure. Justice and efficiency have become the double values that the.modern procedures pursue. There exists unity between the two fundamental values, while as rare human resources, the conflict between them is inevitable. The emergence of the summary procedure can be called a re-coordination between justice and efficiency. In summary procedure, since the procedure is simplified or omitted, the defendant loses many rights that can be obtained in the ordinary procedure. Thus, a query is raised on the existance of the summary procedure theoretically. In fact, summary procedure can increase the trial efficiency, and satisfy the need of judicial justice as well. Therefore, it is necessary to interpret the legitimacy of the existence of summary procedure.Chapter three is the legislation and evaluation of the summary procedure in China. In a special period of history, there emerged a special type of summary procedure—"Striking Hard", which emphasized speed trial and heavy penalty, destroyed the basic value of criminal proceedings, violated the principles of criminal proceedings, and was condemned by the academia. From the intention of the lawmakers, the writer re-defines "Striking Hard", that is, centralizing distinctive resources and combating crimes massively. In the modification of the Criminal Procedure Law, legislature increased to regulate the summary procedure, and defined its practical scope. It will be applied to those cases, in which the crime fact is clear, the proof is definite and full, and the punishment is very light. Later, in the Opinion on the Trial of Confession Cases, summary trial mode of ordinary procedure was regulated, and the criminal ordinary trial procedure was simplified on the basis that the defendant confessed himself. In China, summary procedure has had some positive effect in judicial practices, whereas, in legislation, various problems exist.Chapter four is the establishment and perfection of diversified summary procedure system in China. In our existing law system, the simplified model recognized by the parties is only one, namely, summary procedure regulated in the Code of Criminal Procedure Law. There is a big controversy between the thoery circle and the practice circle on the reasonableness and legitimacy of summary trial mode of ordinary procedure regulated in judicial interpretations. From around the world, the diversity of summary procedure is the common tendency of the criminal proceedings. And China can re-regulate the summary procedure by referring to foreign practices and its own national conditions, establish different summary trial modes according to the complicacy of the cases, nature of crime, the penalty, differentiate the complicated from the simple effectively, and realize the aim of criminal proceedings maximally.In China, we can try to establish three summary trial modes. We should establish and perfect Evidence Display System, Counsel Help System and other relevant systems, and create favorable legal surroundings for summary procedure.