On The Perfection Of 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. Justice and efficiency are two major value goals that modem procedure of lawsuit contentiously pursue with. Establishing of the summary procedure is just to coordinate the contradiction between the justice and the efficiency, and as a result, the limited judicial resources would be better utilized, the realization of defendant's lawsuit right, would come into truth easily. In our country the setting-up of the criminal summary procedure has enriched the criminal law system, which is playing a significant part in practice.But Because of the problem in designing program and application, its due judicial function fails to be exerted fully, and the contradiction between the constant soaring of the case and the limited judicial resources is conspicuous day by day.Meanwhile, he legislative anticipated purpose in shunting the complicated and simple procedure also fails to be realized. This causes theoretical thinking about the problem in designing efficiency of summary procedure mechanism and human rights security mechanism. So how to simplify the procedure of judgment and developthe criminal summary procedure of our country has become the focus of theory and practice.This paper discoursed upon the criminal summary procedure from three respects. The first part stated the vital significance of the application of the criminal summary procedure. The second part analyzed the defects of the criminal summary procedure in our country based on the summarizing of the existing circumstances of it's application. The third part analyzed the producing background, main type and main feature of the criminal summary procedure in China, and at the same time proposed some suggestions on the re-construction of criminal summary procedure in China.Through the above-mentioned research, the author thinks that rational summary procedure and proper process of procedure are complemented each other. Chinese unitary mode of summary procedure has limited ability to deal with cases quickly. Confronting the actual situation of number of the criminal cases increasing greatly it is a read of reform and development of criminal summary procedure in China to set up plural mode of summary procedure more suitable for the need of lawsuit practice while judicial resource is very definite.