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Criminal Case JianYiShen Ordinary Procedure

Posted on:2012-01-18Degree:MasterType:Thesis
Country:ChinaCandidate:G D WeiFull Text:PDF
GTID:2216330335472203Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In our country, Criminal case JianYiShen ordinary procedure in the summary procedure is applicable range of narrow and criminal cases huge and sustained growth, while judicial resources under the condition of limited fuelled a trial mode. JianYiShen ordinary procedure of criminal cases as a mode of judgment in China is widely applied in judicial practice. But judging from its nature, JianYiShen ordinary procedure is not an independent judge mode. In adjudicating cases range it belongs to an ordinary procedure, in applying procedure it completely equal to the summary procedure, have a mix of nature.Since the middle 20th century, with our domestic and foreign criminal lawsuit theory and the continuous development of the reality,countries on the criminal litigation system simple procedure diversified development, the rapid expansion brief program an important trend, meanwhile people to lawsuit value pursuit is also showing diversified development. So in order to realize the procedural justice and the efficiency of lawsuit agreeing to meet people diversified lawsuit value demand, countries of Anglo-American law system "plea bargain generally with" (also known as "defense trade") ways of dealing with criminal cases, the summary procedure in Germany set mainly for punishment command program, Japanese court set up specifically "simple court", and stipulates three easy trial procedure.In our country,Criminal case JianYiShen reflects a general procedure of justice and efficiency of the efficiency of the invasion, justice is not optional simplified concession, these simplified procedures should conform with the minimum of procedure justice value requirements. Has the vital significance:First, save the lawsuit resources, improve the efficiency of lawsuit. Second, simplified diversion, optimize the judicial resources allocation. Third, strengthen the function of the trial, ensure judicial justice, ensure trial quality. Fourth, fully respect the defendant option and procedures change, the legitimacy of reflect procedural right.In the social high speed development, crime rates skyrocketing today, in their own JianYiShen ordinary procedure in justice and efficiency in the features of and become indispensable. But because "opinions" makers in the inherent limitations, plus on the criminal procedure, litigation law and procedure value and value choice system that lacks careful consideration, take more "countermeasures law" means, make the opinions on the normal procedure and advocate JianYiShen has many defects. Thus in perfect our country criminal case JianYiShen ordinary procedure at the same time corresponding setting diversified simple mode of judgment, guarantee minimum of procedural justice, in improving effectiveness at trial,meet the case diversified development, value orientation angles development needs, conform to the trend of the development of the international trial procedure.
Keywords/Search Tags:criminal procedure, JianYiShen ordinary procedure, justice, efficiency, Invisible procedure, Simple procedure diversity
PDF Full Text Request
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