| Criminal Immediate Judgment Procedure in the past six months trial, each trial cities are responding positively to develop local Criminal Immediate Judgment, which has been unanimously praised in the academic and practical circles. Criminal Immediate Judgment Procedure will become an important part of the theory of criminal proceedings, also one of the important judicial system which is currently running. It is mainly by reducing the restrictions on the scope of the case, and to simplify the proceedings and omitted some aspects, so that criminal cases are resolved quickly. Objective to construct Criminal Immediate Judgment Procedure in order to achieve diversion of complexity, optimize judicial allocation of resources, improve the quality and efficiency of handling criminal cases and safeguard the legitimate rights and interests, promote social harmony and stability, balance fairness and efficiency. This paper mainly through the method of comparative analysis 、literature analysis and empirical analysis to carried out.This paper mainly composed of five chapters.The first chapter is the basic theory of Criminal Immediate Judgment Procedure, it is mainly discussed for three aspects, the connotation、the concept and the legal basis. First I define the Criminal Immediate Judgment Procedure, and in reaching its basic features from the definition of the Criminal Immediate Judgment Procedure and the purpose of the applicable. Then conducting discrimination of similar procedures. First, I compare with Criminal Summary Procedure, respectively, from the concept, applicable scope of the case, the applicable conditions, handling procedures, handling period for protection of the rights and other aspects to analyse, and concluded that the Criminal Immediate Judgment Procedure is just a form of the Criminal Summary Procedure. Just like other countries, Criminal Summary Procedure should be a broad sense, including all proceedings to simplify and improve the efficiency of the program. And then compared with light case fast procedure, mainly from two different aspects of the source and scope, concluding that the Criminal Immediate Judgment Procedure is an upgraded version of the light case fast procedure. The Criminal Immediate Judgment Procedure has been able to be established by law, and can be carrying out a trial, that because it’s exists has a theoretical basis, it is based on two theories which are punishing crime and protecting the human rights and fairness and efficiency theory. Through these two theoretical basis proved the existence of the Criminal Immediate Judgment Procedure is reasonable and meaningful.The second chapter is the study of Value of the Criminal Immediate Judgment Procedure. This chapter is discussed from the necessity and feasibility of constructing the Criminal Immediate Judgment Procedure. A new criminal system, only to meet the needs of the community, has a legal and practical value that will have the meaning of existence. This paper analyzes t the reality predicament of today’s which is the case much more than the Judicial Officers, the abolishment of Re-education through labor system has brought about social pressure, analysis of China’s current policy, the policy of combining punishment with leniency and judicial reform which is responded positively, to render the urgency of the reality to build the Criminal Immediate Judgment Procedure and the existence of it appearance. I also understand by the value of the concept of judicial reform and the social security comprehensive management policy to analyze the possibility of the Criminal Immediate Judgment Procedure to exist. Changes in the value of the concept of judicial officers is required, only ideologically make fundamental changes, will be more likely to accept the appearance and operation of a new procedures, and grasp the value of the Criminal Immediate Judgment Procedure from nature. In addition, I make inspection to the existing local practices, hoping to summarize the lessons learned from them, provide help for the future running of the Criminal Immediate Judgment Procedure.The third chapter is a criminal procedure On Criminal Immediate Judgment Procedure. As the name suggests, this chapter is to introduce specific practices and problems in some places where the Criminal Immediate Judgment Procedure and light case fast procedure running. The reason for describing light case fast procedure mainly because of they have close ties, and light case fast procedure has been around the program for a long time trial, it has summed up the experiences and problems for the Criminal Immediate Judgment Procedure. This paper describes implementation approaches of the Beijing, Shanghai, Nanchang, Guangzhou, Xiamen, Changsha, Wenzhou, Tianjin, Shenzhen, Qingdao. Their common feature is to through handling in the shortest possible time, simplifying the proceedings and litigation documents, decentralization and other ways to improve efficiency of the Criminal Immediate Judgment Procedure. However, there also exist problems in the trial process. Excessive pursuit of goals but will cause the opposite result. Many places in order to pursue the formal of "quick" or "fast", while ignoring the " immediate judgment " of nature. They only require each agency to shorten the time as much as possible, not exceed the specified time limit, does not allow relief program, this not only can not really reach high quality, but also can not completely improve efficiency of the proceedings, the cost of repeating litigation will be more expensive. Also some places make blind choice of relaxing program scope in order to be more convenient to carry out the Criminal Immediate Judgment Procedure. They put too many types of cases into the program, and apprehend in accordance with the way of speedy immediate judgment. But arbitrarily expand the scope could lead to crime and punishment inconsistent, may lead to corruption of justice. The Trial of areas is a very intuitive mirror, you can direct the issue and the value of new programs.The fourth chapter is on comparative of criminal procedure. It is a comparative analysis by introducing The Criminal Summary Procedure of a number of major foreign countries and China’s. The current oversea Summary Procedures can be summarized into four categories: the procedure of penal order, the procedure of quick trial, the procedure of pleading guilty and sentencing, and the procedure of plea bargaining. The "the procedure of penal order" is the most simple of a procedure that is completely omitted from the general sense of the hearing procedure, and the judge directly to punishment only according to written material and confession of guilt of the accused. The main application of the countries are Germany, Italy and Japan. Although they are both summarized as "The procedure of penal order ", the specific practices of each country are different. " The procedure of quick trial " makes the biggest difference with " the procedure of penal order " lies in that it retains the trial program phase. Its main used in civil law countries, focusing on the cases that the defendant to plead guilty or not to reply and directly applying applicable, simple, fast procedures. it mainly applies to Germany, Italy, Japan, the United States and China’s Taiwan region. For the " the procedure of pleading guilty and sentencing ", due to fewer countries have adopted, and our criminal procedure is very different from it, so this article does not dwell too much on it. "The procedure of plea bargaining " is the most well-known one, partly because it is based on the premise of Plea Bargaining case proceedings, which greatly improves the efficiency of the proceedings, to be absorbed and introductioned of many countries; on the other hand is because our country scholars have always been also called for the establishment of "plea bargaining" system, but has been controversial all the time. I also make a comparative analysis between The Criminal Summary procedure of overseas and the Criminal Immediate Judgment Procedure, mainly in the scope and conditions, the specific operating procedures and a change and relief in programs, to see if I can provide a reference for building the Criminal Immediate Judgment Procedure.The fifth chapter is a theory about exploring the Criminal Immediate Judgment Procedure. This chapter I first introduce construct guidelines before put forward the thinking about how to build the Criminal Immediate Judgment Procedure. Guiding ideology through the construction and operation of the program. Show the way for the Criminal Immediate Judgment Procedure’s building and running, provide a guide for the procedure body’s behavior. China’s national conditions is an objective reality, it can not be changed in a certain period of time. The system born in China’s national conditions should be remain respecting the conditions in the process of construction and operation, it will not get farther on way of building. Punish crime and protection of human rights is China’s purpose and mission in " Criminal Procedure Law ",which is our value-oriented. The Criminal Immediate Judgment Procedure is part of the criminal proceedings, it will be unnecessary to implementing the concept when in the course of construction and operation of the program. There are a lot of country policies, economic, political, cultural, social management, administration of justice, etc. in our big wave of Judicial reform, the temper justice with mercy policy which is in favor of judicial reform is implemented by the judiciary. The building of the Criminal Immediate Judgment Procedure is a manifestation of the requirements of this criminal policy. After clearing criminal guidelines, we need to proposed package on the specific approach. Based on the "Supreme People’s Court, Supreme People’s Procuratorate, Ministry of Public Security, Ministry of Justice on the Criminal immediate judgment procedure in some areas"(hereinafter referred to as the "Rules"), combined with some favorable practices of local and foreign and guiding ideology throughout procedures, ultimately make six views, they are: in the application stage of the Criminal Immediate Judgment Procedure, the author proposes to extend to the investigating authorities; In the case of the scope, the author proposes to expand the scope for the conditional, and not just stick to the kinds of "measures"; At the launch conditions, the author proposes to relax the investigative organs start conditions; In the process design, the author made different programming from different subjects; On the participation of the main body, the author describes the role of lawyers in the Criminal immediate judgment procedure; And in the problem of the program to convert, I think, it must be fully prepared program transformation, and set conditions for its conversion. Through a detailed discussion of the above five parts, I hope to provide a good foundation for build and improve the Criminal Immediate Judgment Procedure in the theory and practice process. |
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