Perfect Summary Of The China Criminal Thinking

The criminal summary procedure is to handle cases in judicial organs, based on the case facts clearly or the defendant confess voluntarily simple procedure, to make a different degree and steps of the simplified or omission of trial procedure. The implementation of the criminal summary procedure in today's world has become the general trend of development of the criminal litigation, with the United States, Germany, Italy and Japan are typical of criminal summary procedure. Our current criminal summary procedure including the criminal summary procedure and the sunmmary trial of general procedure, the system is simplified judges incomplete, some important criminal summary procedure such as procedure of plea bargaining,proceeding for execution order, the criminal reconciliation program has not set up. Not only that, has established procedures exist relatively serious defects. The consideration for perfecting the summary procedure is: broaden the range of application; perfect the facilitate system.The basic measures should be as follows: firstly, we should design systematically the basic criminal summary procedure of China, and then perfect each procedure rules.This article consists of four chapters.The first chapter is the analysis on the status and judicial practice of criminal summary procedure. This chapter first analysis through the judicial statistical data of writer's court and reference data, summarizes the existing problems of criminal summary procedure and the sunmmary trial of general procedure in the situation,and analyzes thier causes.The second chapter is the rationality of criminal summary procedure. This chapter though two parts of the legal basis and practical foundation of criminal summary procedure. The legal basis of criminal summary procedure is the coordination between the justice value and the efficiency value ; the practical foundation of criminal summary procedure is the necessity and feasibility.The third chapter is the comparative analysis on extraterritorial criminal summary procedure. This chapter introduces emphatically the United States, Germany, Italy, Japan and other countries of the criminal summary procedure, and makes a conclusion of their common characteristics as follows: 1.Summary procedure application area tends to be expanded,and diversity summary procedure.2.Defenders can acquire preferential sentencing in some extent.3.Defenders'fundamental rights are more and more fully.4. Program has relatively perfect supporting system security, to perfect the criminal summary procedure has an important enlightenment.The fourth chapter for perfecting the rationalization of criminal summary procedure. The author in foreign related system,in consideration of China's actual conditions and the existing system, puts forward the system of criminal summary procedure should include the criminal summary trial procedure, procedure of plea bargaining,proceeding for execution order, the criminal reconciliation program ,and the four procedures for each specific rules of procedure for the design.