A Study On The Proceedings Of Non - Plea Cases

From the revision process of the criminal procedure law of china, we can see thatour country is gradually accomplishing defense procedure, from entity justice toprocedural justice. Under this trend, the shunt of simple and traditional procedureprovides the possibility of solving various cases reasonably and effectively. If there isa shunt, then the procedure of not pleaded guilty cases certainly cannot be confusedwith the pleaded guilty cases. So we need a separate design according to thecharacteristics of not pleaded guilty cases, and the complexity of these cases shouldbe reflected. The purpose of this thesis is to propose a special procedure, which isapplicable to the not pleaded guilty cases.If we wish the procedure is feasible, we must pay attention to its effectiveness, ifwe want to get good effect, we must construct with pertinence, only this way we canreally solve problem. But the pertinence bases on a comprehensive grasp of thecharacteristics of this kind of cases in practice, so we must go to practice. So, in thesummer I had conducted a simple survey, collected some relevant data, from theintegration of data and information, I have further explore the characteristics of notpleaded guilty cases.Understanding these characteristics, mining question in depth, right on the spot,then use an antidote against the disease. Found the problems, it is necessary to solveproblems timely with efforts, but before solving problems we must analyze first.Therefore, combined with the judicial practice of China, supplemented by theoreticalanalysis, I further demonstrated the necessity and feasibility of constructing theprocedure of not pleaded guilty cases separately, all this I do is to make the theoreticalgroundwork.Solving problems must be complete and thorough. Simply design a procedure isnot difficult, but the key issue is how to make the procedure fit the judicial practice ofChina, and make the foreign advanced system integrate into the bloodstream of therule of law in China，really do not follow the beaten track, make foreign things serveChina. This need we base on our national conditions of rule of law, and consider allthe possible situations, and carefully design, detailed demonstration. Taking intoaccount the cohesion of each stage of criminal procedure, I will start from theinvestigation stage until the trial is completed, to design the procedure of each stage,in order to guarantee the procedure systematic and comprehensive. In order to enhance this procedure’s general applicability in China, besides the system itself, Ialso give full consideration to the possible need of some supporting systems as asupplement.Finally, on the basis of empirical research, with various materials of scholars, Imake a absorption, digestion and innovation, and formed my own view. The brightspots of this paper are as follows: First, relative to plead guilty cases, I study on notpleaded guilty cases, the other direction, and the topic has practical significance.Secondly, this thesis use the method of empirical study, I went to the grass-roots level,obtained the first-hand information, relied on my data, true and correct. Again, in thethesis I put forward four supporting system, the quantity is not much, but the systemof both sides appear in court, and the re-confession system is my own thinking.