On The Perfection Of The Summary Procedure Of The Defendant In Our Country

With the criminal cases increasing by years, the judicial organs of China facing of the embarrassing situation of less people dealing with more cases as well as low efficiency of the proceedings. In order to improve the efficiency of our country’s proceedings,the Supreme People’s Procuratorate,the Supreme Court and the Ministry of Justice jointly formulated simple procedure of the defendant confession cases on March 14,2003 after our country established criminal summary procedure, this simple procedure has been trialed by the pilot court and gradually extended to the national judicial system. Over the past ten years, the simple procedure of defendant confession cases did play an effective role in the application process, ease the pressure cases to a certain extent, litigation efficiency has been greatly improved as well.Legislation of the simple procedure Criminal procedure of defendant confession cases only on the basis of "Options on the application of ordiary procedure for defendant confession cases(trial)"issued by the Supreme People’s Procuratorate and the Supreme Court, although itself as the proceedings has not been incorporated into the law of criminal procedure, Criminal procedure law amended has expanded the scope of application of summary procedure, and the applicable objects locked for the voluntary confession of the defendant, simple procedure for the modified and the confession of the defendant summary trial of cases is very similar, even some scholars think, this is the confession of the defendant summary trial of cases by summary procedure to absorb the merger results. Legislation on the basis of the problems occurred during the period of the practice like the authenticity of the defendant’s confession can not be well identifiend, the judges can not really solve a problem in lenient way on sentencing aspect, he protection of the rights of victims appear practice in the process of the confession of the defendant cannot be a good security.have never been solved properly.The author thinks that, even today, the defendant pleaded guilty to simple cases did not get enough pay attention from the legislature and judicial organs, but it embodies the value can not be ignored, the defendant pleaded guilty to simple cases and simple program can constitute our summary trial system, a pressing matter of the moment is how to perfect, to make it play its due role.This paper is divided into five parts to discuss the defendant guilty summary trial of cases:the first part expounds connotation and characteristicsof the confession of the defendant summary trial of cases,and get the substaintial characteristic by comparing common procedure compared characteristics; the second part analyzes the theory basis and the value of summary trial of criminal cases is mainly based on the efficiency value theory, the defendant pleaded guilty to set up our summary trial of cases is mainly based on the efficient judicial practice does not violate the fair and justice; the third part focuses on the analysis of the defendant confession cases simple trial status, analysis of the legislative basis for the program from the aspect of legislation, deeply understand the defendant to plead guilty summary trial procedures; at the same time, from the practical point of view, understand the defendant confession cases simple procedure is applied in some local courts, the advantages and disadvantages of the procedure in the judicial activity; the fourth part is to analyze according to the previous situation, enumerate some problems author thinks mostly need to be improved; the fifth part is to propose some suggestions on the typical problems mentioned above, learn from each other on the basis of foreign advanced experience in legislation, improve the defendant confession cases in China summary trial procedures to some extent.