A Study On Some Problems Of Criminal Summary Procedure In China

With the economy development, the criminal rate in each country is showing auniversal phenomenon of accelerated growth. For sake of dealing with more criminalissues and relieving judicial pressure, each country has made much effort to search theways of summary procedure, which making criminal summary procedure to becomethe best effective way to guarantee justice, improve the efficiency of proceeding.The summary procedure of light punishment cases was legislated in the CriminalProcedural Law in1996. And then the simplification of the procedure of thedefendant pleading guilty cases was legislated by the Supreme people’s Court, theSupreme people’s Procuratorate and the Justice Department in2003, which wouldrelieve the pressure of arrears of cases and limited judicial resources in some degree.However, there are some problems in both its application. Under this background, wehave faced the continuous increase of case number. In order to settle the problem ofbe lacking of judicial resources, on March the14th2012, the fifth meeting of theeleventh National Congress approved “the Amendment to the Criminal ProceduralLaw", remolding the appliance of summary procedure. This greatly reform has beenmade in many application in the summary procedure Greater, which perfect criminalsummary procedure and also be aware of many shortages in the criminal summaryprocedure to be solved. This paper try to analyze the legislative theory and judicialpractice, and make a research of criminal summary procedure on the basis of reportinvesting in court of H District Court in H city of G province. This paper includes fourparts.The first part makes the criminal summary overview of the basic theory. First ofall, from the beginning of the different conception of the criminal summary procedureby some scholars, we try to clarify the definition of criminal summary procedure inbroadly and restricted conceived. And then making an analysis of functional value ofcriminal summary procedure from efficiency and justice and providing a theoreticalbasis for its existence.The second part is the reflection and current situation of the criminal summary procedure. Firstly, this part tries to introduce criminal legislative changes afterrevision of the criminal summary procedure, and reflect current legislation. Secondly,we try to point out the progress and problem in the criminal summary procedure fromthe judicial practice of the revised criminal summary procedure.The third part discusses how to improve our criminal summary procedure. Afterthe introduction and analysis, this part will give six corresponding suggestions tosolve the existing problems including the scope of summary procedure, establishingwritten trial procedure of minor offenses, improving court for sentencing rate, startingthe summary procedure to achieve simplified shunt by setting up pre-trial system,respecting and protecting the fundamental rights of the accused, strengthening thejudicial ranks.