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Criminal Procedure Summary

Posted on:2006-04-03Degree:MasterType:Thesis
Country:ChinaCandidate:Z Q ZhangFull Text:PDF
Abstract/Summary:PDF Full Text Request
The criminal summary procedure , comparative to the criminal ordinary procedure , is a kind of special brief litigation procedure and it is a big trend of criminal litigation system reform and development all over the world nowadays .In this paper , the author analyzes the theory basis and reality meaning of criminal litigation summary procedure , several main models and characteristics of foreign criminal summary procedure , the characteristics and existing problems of current summary procedure of our country and trying out the streamlined common proceeding in practice , further explores how to perfect the criminal litigation summary procedure of our country and puts forward her own suggestion to form pluralism summary procedure model.Because the criminal summary procedure can both satisfy the need of improving litigation efficiency and completely meet the basic needs of procedure justice , it is widely employed all over the world and presents pluralism model, that is , there are two or over two of summary procedure in many countries . Among them the mainest and most representative summary procedure is plea bargaining , order of punishment procedure and summary trial procedure , they present different characteristics and superiority in their designing and using .The code of criminal procedure of our country (1996)established the criminal summary procedure , but it wasn't played full role of because of some problems in designing and employing . In 2003 some relative laws documents papers were promulgated in succession to clear and definite the practical use and operation of criminal summary procedure and have a try to employ streamlined common proceeding dealing with "the case in which the defense admits crime " .The summary procedure model of our country should break through the current summary procedure model in the future development , develop to pluralism , improve the designing of different kinds of summary procedure in development , carry out the lowest international current justice standard , set foot on the condition of our country and use the successful experience of foreign countries for reference , set the criminal summary procedure system which is fit to the circumstances of our country and may be carried out and make justice and efficiency have coordinated growth in the criminal procedure setting of our country .
Keywords/Search Tags:criminal litigation, summary procedure, justice and efficiency, pluralism
PDF Full Text Request
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