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Quick Decision Procedure In The Construction Of China's Criminal Procedure

Posted on:2012-08-26Degree:MasterType:Thesis
Country:ChinaCandidate:B ZhengFull Text:PDF
GTID:2206330338491631Subject:Law
Abstract/Summary:PDF Full Text Request
China is in the critical period of social transition,with multiple criminal cases showing a trend of diversity. The resources provided to the justice in this period of time are limited. As a result, our criminal justice has to face the problem of limited judicial resources. To address the conflict between the large backlog of criminal cases and the relative lack of judicial resources, we need to simplify our present criminal procedure regarding to the system of it, in order to save judicial resources and obtain efficiency of the proceeding. It is impossible to increase the number of the staff and the cost of justice unlimited.In this paper, the quick decision process is constructed as the focus. The concept and value of quick decision process, the current criminal legislation provisions on simplified procedures and its defects and the design and innovation of quick decision process are described in this paper. Through the reflection of existing relevant institutions, we can find that it can no longer meet the needs of our judicial practice only through some limited patching on our existing relevant procedures. Therefore, the quick design process has the advantages by the throat,which realizes both justice and efficiency. Also, we can find that the quick decision process is in need and possible, in order to realize the aim of making the simple ones implement more easily.The quick decision process is an all-around one, not adapt to the trial procedure only, including the discovery, vindictive procedures, trial procedures, and proper conversion between the ordinary procedure and supporting systems.Construction of quick decision process is to meet criminal justice needs of the efficiency of the proceedings; the principle is the embodiment of litigation economy. Nevertheless, the quick decision process can improve efficiency while not ignoring the realization of judicial justice, and through the application settings, to some extent increase the protection of the rights of the defendant.I look forward to make the balance between judicial justice and efficiency of judicial resources through building the quick decision process, in order to realize a more scientific criminal procedure.
Keywords/Search Tags:streaming of criminal procedure, quick decision process, supporting system
PDF Full Text Request
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