A Study On The Establishment Of Criminal Procedure In China

Justice and efficiency are two value pursuits of criminal procedure law. Researches on China criminal expeditious procedure could take advantage for balance of judicial justice and judicial efficiency, and change the centralized programming mode of current summary procedure for constructing the new diversified summary procedure system to reflect the principle of economic procedure, and settle the existed problems “Brief is not brief and complication is not complication” in China judicial practice to branch the cases. The condition mentioned meets the basic judicial institution development trend, and complete judicial procedure and pleading guilty and punishment systems required from new judicial reform.This paper apart four parts from the theory and practice researches the construction of criminal expeditious procedure. The first part as raising the problems explains that “brief is not brief and complication is not complication” for current procedure status. The second part as theory outline clarifies the theory problems of concept, value, facts, theory basis, application condition and defined position about criminal expeditious procedure. Act as one of important contents, the third part as reflection of procedure pilot analyzes the advantages and disadvantages of pilot process from two sides. Also act as one of important contents, the fourth part puts forward to suggestions and images for constructing criminal expeditious procedure.The innovation of this paper researches pilot criminal expeditious procedure based on testability legislative methods of the NPC Standing Committee for the first time, and draws the basic form of China criminal expeditious procedure and explores the feasible plan of criminal expeditious procedure for China new summary procedure system and the procedure legislation affirmation in future.