Application Of Summary Procedure In Public Prosecution Case

Changes in the criminal procedure law in 2012, in the guarantee of litigation efficiency at the same time pay more attention to the defendants’ rights, embodies the "people-oriented" concept of justice, not only enlarged the scope of application of summary procedure, and the startup mode of summary procedure, the adjusted trial and trial mode, the law makes the summary procedure more in line with the need of practice, formed the unique characteristics of the Chinese summary procedure system. Article procuratorial organs in mudanjiang area nearly three years of summary procedure of public prosecution as samples on field research, combined with the practice summary procedure before and after the applicable scale, type of cases and apply the change of the sentence elements such as, on the basis of empirical analysis, and further analyzes the modified summary procedure in the case of public prosecution still exist in the applicable specific issues. Aiming at our country current summary form a single, the defendant does not enjoy the summary procedure starts, the right of the defendant’s sentencing incentive mechanism is a lack of law, the defendant cannot get effective defense, presents the minor crimes including building written trial procedures, strengthen the mechanism of protecting defendants’ rights, innovating the mechanism of the summary procedure in the case of public prosecution perfect Suggestions, such as diversified aims to further perfect our system of the summary procedure.