Font Size: a A A

General Proceeding Reform

Posted on:2007-09-20Degree:MasterType:Thesis
Country:ChinaCandidate:J GuoFull Text:PDF
Abstract/Summary:PDF Full Text Request
Since the reform of the simplified trial of the general procedure in criminal cases had been put into practice in the court and the procuratorate of the Beijing Haidian District, the courts of the whole country began to follow the reform of the procedure. since then, the higher people's court, the higher people's procuratorate and the judicial department enacted the suggestion of judging the defendant confession cases by the general procedure .On the one hand, the apply of the simplified trial improved the efficiency of procedure, shortened the period of the procedure, and brought some effect on the postponing the pressure of the scarcity of the judicature resources. On the other hand, the simplified trial brought some questions in practice, for the lack of the legislation base and the improper simplified methods in the process. The dispute of the procedure existence rationality and the necessity existed between the academia and the judicial practice at all times. This article via the analysis of the value orientation and the advantages and disadvantages in the practice, the exploration of the simplified procedure in the other countries, then, discussed the questions which exist in the judicial practice, and how to construct the reasonable procedure to solve the contradiction of the criminal cases increasing and the judicial resources deficiency.The first part is the definition of the simplified trial, which introduced the scope of the simplified trial and the simplified content in the process. The second part is the value orientation of the simplified trial, which was demonstrated through three aspects value. The efficiency value, the fair value and the human rights protection value, through which explained the aim of the simplified trial establishment The third part is the analysis of the advantages and disadvantages in the judicial practice, and discussed the rationality and the question of the simplified trial which already existed. The fourth part is the useful exploration of the simplified trial, through the analysis of the simplified procedure of the Germany, Italy and Japan, which can help us seek the methods of constructing our procedure system. The fifth part is the analysis of the questions in the judicial practice, and seeks the reason in-depth. The sixth part is seeking the methods of solving the problem. The last part tries to find a solution to this problem, through the construction of the quick procedure, the simplified...
Keywords/Search Tags:The simplified trial of the general procedure, procedure efficiency, procedure fair, Simplified procedure
PDF Full Text Request
Related items