Study Of The Efficiency Of China's Criminal Trial

Justice and efficiency are two value aims of criminal litigation and the second meaning of justice is simply efficiency because justice delayed is justice denied. So it is clear that efficiency has become an important part of justice. The paper introduces some concepts of economics of law, taking criminal trials, not an issue in the scope of market, into an economic perspective. Two concepts in economics, cost and benefit, are employed to make an analysis of the state quo of the efficiency of trials in our country based on abundant research data. That the reasons for the inefficiency of criminal litigation are categorized into legislation and reality. A systematic analysis is made of the two types of reasons based on the value goals of criminal litigation and it is pointed out that efficiency of trials is of particular significance to the safeguard of the healthy development of the market economy, to the relief of judicial pressures, to the protection of human rights and to the realization of judicial justice. By considering China′s actual conditions and learning from the experiences of other countries, the thesis points out: The efficiency of criminal trials should be based on the establishment and perfection of the principle of speedy trial. By establishing joint trials and default trials, broadening the application of summary procedure and establishing criminal reconciliation, the cases can be settled by a variety of channels. In addition, both the reforms of the court system and the improvement of the quality of the judges can help raise the judicial competence and credibility of the court. It is hoped that the thesis may be of some help with the construction of a just, efficient, and majestic judicial system, and the formation of a perfect system of a socialist legal system with Chinese characteristics, our ultimate goal of judicial reform in China.