Criminal Summary

The summary procedure of criminal lawsuit, compared with the ordinary procedure, is a kind of special procedure type simplified to some extent (Mainly referred to summary judicial procedure), which is a main trend of reform and development of criminal lawsuit institution in countries all over the world.The Criminal Procedure Law of China has established the summary procedure in process of revision. After the law was implemented, the Supreme Judicial Court, Supreme Procuratorate etc. have successively issued some relevant legal files to clear the concrete application and operation of summary procedure. The summary procedure becomes a new thing, new problem in theoretical research of criminal lawsuit. Because of the problem in designing program and application, its due judicial function fails to be exerted fully. The legislative anticipated purpose in shunting the complicated and simple procedure fails to be realized. This causes theoretical thinking about the problem in designing efficiency of summary procedure mechanism and human rights security mechanism. Meanwhile, In practice, there appears some probes of the simplified procedure outside legislation, such as reform to simplify ordinary procedure in style of judgement, example and trial of a plea- bargaining and so on. How to simplify the procedure of judgement and develop the criminal summary procedure of our country has become the focus of theory and practice.This article starts from seeking the legal theoretical foundation of the summary procedure, relatively studying the criminal summary procedure of several main countries in the world (Great Britain, America, German, Italy and Japan) and taking its legislative marrow as an example. Then it penetrates our country' s current criminal summary procedure system and practical operation and proposes consideration about construction of plural modes of criminal summary procedure in China.The body of this article consists of five parts:Part Ⅰ Juristic Probe: Justice and Efficiency in Setting Up Criminal Summary Procedure of LawsuitJustice and efficiency are two major goals of valve which modern lawsuit pursues. The appearance and widespread of summary procedure in countries all over the world is just the reflection of pursuing efficiency of lawsuit. But justice is a basic prerequisite of realizing efficiency. The theory about establishment and development of criminal summary procedure of lawsuit should be based on procedural justice. And at the same time it lays emphasis on the economic value of lawsuit-efficiency of lawsuit.The summary procedure realizes orderly coordination of justice and efficiency. In the summary procedure, the extent of realization of the defendant lawsuit rights and rigor of procedure reduce, compared with the ordinary procedure. But the summary procedure reaches the improvement of efficiency on the basis of insisting on preference of justice.Part Ⅱ Relatively Study: Mode and Characteristic of the Foreign Criminal Summary Procedure.In different countries, criminal summary procedure has their own characteristics and can be divided into three kinds of forms on the whole: 1.Summary judicial procedure. It simplifies the judicial process of ordinary procedure relatwely.2. Punitive order procedure. It's a kind of written procedure without indictment, decision of session, cognizance of court. Judge can directly make a punitive order according to the written request puts forward by public procurator without cognizance of court. 3. Plea-bargaining. Public procurator and defendant (generally through the counsel) negotiate on the issue about the conviction and punishment of defendant in order to make terms that defendant admits guilty for lighter conviction or punishment.Although forms are different and the situation of use is various, the criminal summary procedure of these countries has the following characteristics: l.The scope of application is wide, the forms are various. 2.The defendant enjoys the right to choose the summary procedure. 3.Ensure the defendant has the...