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Criminal Summary Procedure

Posted on:2009-11-02Degree:MasterType:Thesis
Country:ChinaCandidate:Q X GuoFull Text:PDF
Abstract/Summary:PDF Full Text Request
Justice and efficiency are the two fundamental values in the litigation institute. With the concept of Procedure Justice gradually being recognized and carried out, the proceeding becomes more and more complex and the litigation cost becomes higher and higher, so how to improve the efficiency of the litigation is on the schedule. On the other hand, the contradiction between the uprising criminal cases and the limitation of the judicial resource is protruding. Therefore, the facilitation of the justifiable procedure and the expansion of the summary procedure scope will be the uptrend of judicial reform in the world.The summary procedure is stipulated in the Criminal Procedure Law of PRC and the summary trial of the criminal general procedure was established through judicial interpretation that aims to facilitate the trial procedure which is very essential in the reality and also accords with the development of the criminal litigation institute in the world. However, there still exists disfigurement in the design of the summary procedure and the protection of human rights. The purpose of this dissertation is to bring forward some thoughts on the perfection of the criminal summary procedure in light of the experience of other countries.The text consists of four chapters:Chapter one: In this chapter, through the discussion and analysis of the nature of the justice of the summary procedure, the author deem that the criminal summary procedure accords with the justice of procedure and substance and that can improve the litigation efficiency.Chapter two: This chapter focuses on the analysis of relevant legislations and legal practice of the criminal summary procedures in foreign countries such Germany, Japan, Italy, America etc. Especially in the fields of punishment order procedure and negotiable justice in Germany, the bargaining between debating and lawsuit in Italian style and so on.Chapter Three: By discussing the status quo of the criminal summary procedure in China, the author deem that the application scope of the criminal summary procedure is too small, the summary trial of the criminal general procedure enjoys the same nature with the summary procedure, the ignorance to the human rights of the defendant and the victim in the present litigation procedure design.Chapter four: In this chapter, the author set forth some thoughts on perfecting the criminal summary procedure in our country, advise that we should learn the experience of Germany and set up the procedure of criminal punishment command; combine the procedure of common action and facility action, at the same time, enlarge the applying range to strengthen the protection of human rights; in addition, propose the legalization of the criminal punishment.The text exerts the method of comparative analysis, use the theory and practice of all the countries for reference to study the problem in our country. The clue of the text is the basic value and principle of criminal litigant. The author wants to bring forward opinion and advice to the criminal facility procedure, through the analysis of modern litigation ideal, contributing to the construction of law.
Keywords/Search Tags:summary procedure, justice, efficiency, suppose
PDF Full Text Request
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