On The Current Situation And Future Of Criminal Summary Procedure In China

Summary Procedure is in order to improve the efficiency of the criminal proceedings,which is under the premise of maintaining the basic requirements of the course of justice.Through out the world today,there are a variety of Summary Procedures both in common law countries and civil law countries that draw lessons from each other and integration. Summary Procedure was stipulated in the first modification of the1996"Criminal procedural law" in China.After more than ten years of judicial practice,Chinese Summary Procedure played the role of improving efficiency, also appeared many problems.The Summary Procedure has been made the significant adjustment in the2012"Criminal procedural law",which has improved,but is far from perfect.There are still many problems to be solved.Therefore, in order to adapt to the development and changes in the Chinese society and the practical needs of the criminal proceedings, the Chinese Summary Procedure in the future still need to be improved and perfected,on the basis of learning from foreign advanced achievements of the rule of law,and summarize the experience of our judicial practice.This paper mainly include the following contents:The Chapter One:The author chosed a grassroots procuratorate and a grassroots court of a city district on the east coasts of China as a sample,to evaluate and analyze our current Summary Procedure on the base of statistics and research of the relevant case data of two units in nearly three years.The Chapter Two:The author carried out a comparative study of the Summary Procedure of countries such as the UK, the USA, Germany, Japan and China Taiwan region,to summarize main features and advantages of the extraterritorial Summary Procedure and to put forward for our reference.The Chapter Three:The author discussed the background, the main contents and the problems of the Summary Procedure in the2012"Criminal procedural law".The Chapter Four:The author discussed the necessity of continuing to modify the Summary Procedure of our country in the future,on the base of above research, with the theory of criminal litigation,and maked recommendations of the perfection of the Summary Procedure within the existing legislative framework,then proposed preliminary ideas of the introduction of the Penal Order.