Criminal Summary Reflection And Improvement

The summary procedure of criminal lawsuit,compared with the ordinary procedure,is a kind of special procedure type simplified only on the procedure. The summary procedure applying to is for harmonizing the contradiction between justice and beneficial result, makes use of limited judicial resource coming true, ensures defendant litigation rights thereby much better. It is playing beyond measure important role in the Western countries actual judicial practice.The criminal procedure law of china has established the summary procedure in process of revision. After the law was implemented, the Supreme Judicial Count, Supreme Procuratorate etc. have successively issued some relevant legal files to clear the concrete application and operation of summary procedure. Because of the problem in designing program and application, its due judicial function fails to the exerted fully. The legislative anticipates purpose in shunting the complicated and simple procedure fails to be realized. This causes theoretical thinking about the problem in designing efficiency of summary procedure mechanism and human rights security mechanism. The angle from justice and beneficial result announces the plain recognition author here to this problem.First of all, the author of summary from the start with a legal basis, the value of summary justice and efficiency to enhance the value of choice and a high degree of balance to the exposition adhere to fair value and benefits of both the value of unity point of view. Secondly, the author introduced the United States, Germany, Japan and other countries several major criminal summary model, which we found: Although the expression of different countries, aims to have the protection of human rights on the basis of greater play to the summary should be Function, the efficiency of the proceedings. Finally, draw on their legislation essence, then China's Perspective on the existing system of criminal procedure and practice simple operation of the deficiencies, I propose improving China's current summary of specific measures, such as: clear seized, the competence of the two institutions, strengthen the protection of the accused The right to clear remission rate, and standardize the supervision mechanism, the establishment of the pre-trial system. At the same time, in view of the current system of simple procedures in light of China's national conditions, the proposal of building a Chinese-style punishment so that the procedures envisaged. In short, the establishment of pluralistic model of criminal summary, the current reform of China's development.In this paper, figures, analysis and theory with practice research methods, a relatively simple procedure of the system, combined with analysis of the creation of Chinese-style punishment to the idea of procedures.