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Research On Centralized Trial Mode Of Summary Procedure

Posted on:2015-07-04Degree:MasterType:Thesis
Country:ChinaCandidate:S XieFull Text:PDF
GTID:2176330467966243Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Summary procedure has been greatly changed in the criminal procedure law of2012,which has integrated the summary procedure of1996and the "summary trial in commonproceeding". To make up the defects of the summary procedure in the old criminal procedurelaw, the criminal procedure law of2012has justified the summary procedure to some extent,and expanded its scope of application to avoid the negative impact on lawsuit efficiency.However, according to the new legislation, the prosecutor should been in court,and the caseswhich could be sentenced to fixed-term imprisonment over three years tried by the collegialpanel trial, which have greatly increased the cost of proceeding, and thus make the shortage ofjudicial resource get worse. Therefore, based on effectively controlling the cost of summaryprocedure, the concentrated trial of summary cases, which is a emergency way of judicialpractice, has gradually been widely applicated in the lower judicial system over the country.However, the empirical research of the concentrated trial of summary cases has showed afact that it did not achieve its expected purpose, which improves the efficiency of litigation onthe basis of keeping to litigation justice. There are the following reasons led to thisconsequence. First, the centralized trial, being still in the preliminary stage, has somedrawbacks, which hinders the improvement of legislative efficiency. Second, the judicialreality also suppresses the improvement of efficiency. The whole proceeding in summaryprocedure from criminal investigation to trial in court as common, the randomness ofincidence of criminal offenses, the policy of criminal investigation, and high rate of custodyof the accused and limited judicial police have caused nuisance to the efficiency of thecentralized trial of summary cases. Third, the shortages of our summary procedure havedirectly influence on the efficiency of the concentrated trial. Because the centralized trial,completely attached to the summary procedure, is essentially a way to the specific operationof summary procedure, which leads to its efficiency depended on the summary procedure, butthe new summary procedure has increased the cost of litigation. Fourth, the case forexamination and approval system and performance appraisal system have and will alsoinevitably impact on increasing the running cost of summary cases.To make sure the function of improving the efficiency of the concentrating trial, we neednot only to perfect the concentrating trial itself, but the related legislation and practical mechanism. there are some feasible measures should be taken. On the one hand, to reduce theefficiency loss of the concentrating trial, the special team to deal with the prosecution and trialof summary cases should be set up, which is helpful to centralize summary cases as much aspossible. On the other hand, to realize the efficiency value goal of concentrated trial, weshould reform a complete set of system and mechanism on criminal summary proceeding.First, a unified database of the investigation of criminal cases should be established, which isconvenient for effectively applicating the concentrating trial. Second, to reduce cost and raisethe efficiency, we should build a multi-level system of summary procedure, which needs notonly the different procedure in different stages to diverge reasonably, but to reform theexisting summary procedure. Again, to reduce the rate of pretrial detention, we should expandthe use of our bail and residential surveillance. Finally, to promote the efficiency ofcentralized trial, and realize the function of the performance of the system, we also shouldbuild a set of scientific and reasonable performance appraisal system.
Keywords/Search Tags:Criminal Summary Procedure, the Concentrated Trial of SummaryCases, Empirical Survey, the Legislation Efficiency
PDF Full Text Request
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