Defendant Summary Criminal Proceedings The Right To Choose Study

It is clear that the simple criminal procedure aims at judicial efficiency. But the simplicity of the procedure doesn't mean an irrational overturn as a historical retrogression, otherwise it will go to another extreme—an early injustice. So as a basic procedural right, the defendant's choice of simple criminal procedure is a procedural human-rights protection measure and a reflection of defendant's basic freedoms for its nature of originality. In no cases should the right be embezzled or the simple criminal procedure will lose its legal foundation and existing reason.From the angle of legal logics, the endowment of defendant's procedural choice agrees with modern civilization spirits of legal system of procedural justice, litigation subject's position, litigation economy and so on, and has values of raising judicial justice and displaying litigation essence. Examining criminal procedural legislations of many countries in the world, the endowment of defendant's basic procedural choice has been a common practice and raised as an international standard of criminal judicature under the situation of multi-procedures. In relevant provisions of current criminal procedural law and judicial explanations, there are some essential shortcomings, leading to possible injustice and low efficiency, harming seriously the justice foundation of the simple procedure, reflecting power-led criminal procedural legislation ideas, and not favorable in defendant's basic human-right protection.The thesis holds that ideas should be changed firstly, treat defendants rationally, deepen the understandings of defendant's basic procedural choice, perfect mating measures of defendant's procedural choice from the respects case-fact knowing, lawyer defense, procedural punishment measures, and make a legislative proposition of defendant's simple procedural choice.The thesis appeals in the end that defendant's procedural choice should be treated seriously, it should be contained in the design of the whole criminal procedure as a necessary element the reflection of defendant's litigation subject's position for an essential raise of defendant's basic human-rights protection in the criminal litigation of our country and a realization of designing tension and vitality structure of the whole criminal procedure, making the procedure run more efficiently.