On The Procedure In A Simplified Trial

Basing on the massive judicial practices, the system of simplified examination in ordinary procedure is a significant measure that the Supreme People's Court, the Supreme People's Procuratorate, and Ministry of Justice take to solve the problem of the growing number of cases and the current relative lack of judicial resources. The vitality of the syetem of simplified examination in ordinary procedure attracts wide attention in academic attracts and legal profession.This paper is divided into five parts.Part One elaborates the concept and characteristics of the system of simplified examination in ordinary procedure, compares it with the simple procedure of "PRC Criminal Law". This paper presents that the two have common values in the pursuit of litigation: in accordance with the law to safeguard the legitimate rights and interests of the accused at the same time , increasing the efficiency of judicial economy.Part Two presents the theoretical value in the efficiency value, the human rights value and the justice lowest limit.Part Three takes some country's simple procedure as examples, such as the United States, Germany, Italy and Japan, analyzing the base and value of it , comparing these countries' simple procedure with each other, and points out that all these countries widen the limits used in the simple procedure, which makes it tend towardsdiversity; on the setting of the simple procedure, all these countries' fully respect litigating party's litigious right, and almost all these countries obey the theory of educational punishment and the justice lowest limitPart Four analyzes the theory flaw of the system of simplified examination in ordinary procedure from the following: the system of simplified examination in ordinary procedure disobeying the principle of statutory procedures, the confusion caused by the various practices in different places, it is against the justice process, the defendants' legal rights having not been respected, the defendants' rights and interests were extremely easy to receive hann,and so on.