The Efficiency And Justice In Criminal Proceedings

Efficiency and justice are two concepts that are both adaptive and contradictory to each other. IN the process of the construction of various laws, the issue that how to mitigate the tension of them and to extend their complementariness needs to be considered. In recent years, the contradictions between the increasing amount of crime and the limits of judicial resources have become more and more serious. A common view is reached by most of the countries that, in order to increase the judicial efficiency, on the premise of minimum justice, the cases should be assorted according to the complexities of each case, in order to improve the efficiency of the litigation by means of simplifying the due procedure and creating various modes of summary procedure. Contrary to the normal procedure, the crimial summary procedure is playing more and more important role in judicial practices. Focused on the values of criminal summary procedure, compared with the experiences of some other countries, this paper analyzes the value defects of China's criminal summary procedure and raises some detailed ideas of reform and improvement.The thesis is divided into three parts:The first chapter focuses on the value orientations of the simplification of criminal procedure. This chapter gives a brief introduction to the concept of the summary procedure. Although the definition of summary procedure has not been defined unanimously, usually it consists of three aspects of contents. In addition, the definition of the summary procedure should be considered from both a generalized and a narrow sense. The discussion, argumentation proceeds from the perspective of the generalized definition. After the analysis of the summary procedure and its relevant concepts, the article probes deeply into the value orientation of the simplification of criminal procedure. First, the value of efficiency is analyzed both theoretically and practically. The paper discusses what efficiency is, and what kinds of benefits will the efficiency bring to us. With the reference to the practices in United States and Germany, the article maintains that the efficiency is one of the most important values in criminal proceedings.The fair value is discussed in the second place. The article gives us the analysis both theoretically and practically. Through the analysis of the practice in United States and Germany, the article holds that though the criminal summary procedure omitted part of the normal procedure, a mature summary system should not only demonstrate its efficiency, but also ensure its justice through various measures. Finally, we discussed the balance between justice and efficiency. Through the analysis of the first two parts a conclusion can be reached that both common law and civil law countries are striving for striking a balance between justice and efficiency. Also, Summary procedures should protect the minimum justice under the premise of strong efficiency. From the introduction to the basic theory of Restorative Justice and the analysis of the characteristics of criminal settlement in the justice and efficiency, we expound on the fact that it can provide us some new ways to divert cases and resolve conflicts.The second chapter is about the revalation of criminal summary procedure in China. This part describes the criminal summary procedure. Comprehensively and from the aspects of justice and efficiency, we analyze the missing value in the criminal summary. Firstly, we have a brief review of criminal summary. Then we gave the detailed introduction to China's current criminal summary from the aspects of the summary procedure and the simplification of indictment procedure. We can identify problems from a more complete way through the analysis of the trial practice in criminal summary procedure. In the second part, according to the analysis above, we reveal the value defect of the current criminal summary. Generally, Criminal Summary Procedure in China is not perfect. Judging from the perpectives of justice and efficiency, there are many unsatisfactory areas in it. The author addresses these problems them one by one, along with the introduction to the practices of other countries, hoping to give China references in the process of perfecting our criminal summary procedure.The third chapter probes into the legislation of Criminal Summary Procedure in China. In the first chapter we find the balance between justice and efficiency during the construction of criminal summary procedure. In the second chapter we analyze the problems existing in our criminal summary procedure. These provide strong theoretical support and valuable experiences for the improvement of our current criminal summary procedure. The first part of this chapter is to integrate the existing criminal summary procedure. Since there is no apparent difference between summary procedure and the simplification of indictment procedure, we can integrate both of them, and obtain the win-win situation between efficiency and justice. The second part of this chapter is to establish penalties process. As the summary procedure is developed multi-directionally, many countries have set up more than one mode. Punishment order procedure is used in most of the civil law countries. In China, there is a large number of crimes that may be sentenced to one year imprisonment, control, criminal detention, fine, or exemption from criminal punishment. These provide the bases of the application of Punishment Procedure. This section will give full consideration to the advantages of Punishment Procedure and China's specific national conditions, and design a Chinese-style punishment procedure. The third part of this chapter is about the idea of the criminal settlement procedures. Criminal settlement procedure has its unique value both in justice and efficiency. Therefore, criminal settlement procedures are developing rapidly in the world, and China now are exploring and practicing it. This part provides some ideas from the perspectives of requirements, applicable scope, mediation organization and remedy way.