On Improving Our Summary Of The Criminal Proceedings

Criminal summary procedures refer to the proceedings used by the grass-roots people's court in the first procedures,which deal with simple criminal cases.The evidence in these cases are clear,the plot of these cases are simple and the criminal of these cases will be sentenced slighter when compared with the cases in the ordinary procedures.Summary procedures are used widely in the world and manifest a wide range of trends,many countries usually have two or more summary procedures,the most important and the most representative simple procedures are plea bargaining,misdemeanor court, punishment order procedures and summary trial procedures.At present,in our country,there are many flaw in summary procedures.This kind of procedures are very simple,in fact,the summary procedures are ordinary procedures though we call these procedures summary procedures.At the same time,the grass-roots people's court lack the ability to deal with the case quickly,they can not to cope with the criminal cases which increase rapidly nowadays.The defendant can not choose the summary procedures;this is a reason why the summary procedures can not be widely applied.The People's Procuratorates do not dispatch the attorney to the court.The value of human rights can not be found in the summary procedures nowadays.The defendant can not get the help of the lawyer.All the state of affairs mentioned above violate the value of equity,benefit and human rights in summary procedures,at the same time,these affairs violate the fundamental principle of the constitutionalism of our country.This article holds that we must base on fundamental situation of our country to complete the criminal summary procedures of our country.We must base on the fundamental principle of the constitutionalism of our country to analyze and construct the criminal summary procedures which have the distinguishing Chinese feature,in this process;we must set about this job from the legal principle and the judicature value.The human rights are the values which were pursued by modern trials;the situation that private rights dominate the public power is the fundamental demand of the fundamental principle of the constitutionalism.The value of modern law is to safeguard the rights of individuals and safeguard the social order.The foundation of the Criminal summary procedures should based on the procedural fairness,at the same time,the Criminal summary procedures should reflect the economic value of legal proceeding——the efficiency of the trial.