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An Empirical Research On Common Procedure Simplified Trial Be Suggested By Procuratorate

Posted on:2012-01-19Degree:MasterType:Thesis
Country:ChinaCandidate:F L ChenFull Text:PDF
GTID:2216330338959566Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
After the judicial organs summarizes the successful experience which was from the"common procedure simplified trial"test and exploration, the supreme people's court, the supreme people's procuratorate, ministry of justice jointly issued concerning the application of common procedure trial "the defendant confessed case" certain opinions ",promoted nationwide in this way of judicial interpretation . It has made great progress, but also received the theory and practice of different questioned. This paper aims to in China's western underdeveloped economy grassroots procuratorate advice applies the basic situation of the case to be simplified empirical investigation, and extends before the court , to find and summarizes the general procedure in system design and operation process of the existing general problems, this paper puts forward perfect them.The articles included four parts, about 20,000 words, the concrete content as follows:The first part is the investigation purposes and methods, to the article conception and investigation object illustrated.The second part is the procuratorate Suggestions for common procedure simplified trial status in quo. The author from the following ten aspects inspects the K city procuratorate Suggestions for common procedure simplified trial: the procuratorate Suggestions for common procedure simplified trial basic situation, the degree of procuratorate Advice for the"opinions"and compared with the court, the ways of cognizance verification and the procedures of the defendant confessed , how procuratorate grasps the proof standard, the situation of the lawyer's intervention in prosecution , How to deal with the situation when the defendant refuses to confession and how to transfer the procedure, how sentencing recommendations consider about pleaded guilty, criminal and attached civil cases simplified trial problem, reasons of an appeal or protest situation , improving the efficiency of litigation etc. The procuratorate Suggestions for common procedure simplified trial played the role of shunt cases。The procuratorate told the suspect about the legal basis and legal consequences occasionally if using simplified trial, also did not solicit the opinion of the suspect, not to prevent the defendant trial confession make base security work. Although simplified trial of cases defendants voluntary confessed, procuratorate without decreasing case standards of proof. In practice, many defendants refuse to confession in court, they can't rationally make program veto without lawyer's help. Federal prosecutors filed sentencing recommendations general considering the defendant confessed plot, but the verdict remains with the defendant expectations have difference.The third part is the procuratorate Suggestions for common procedure simplified trial existing problems: The first is the procedural rights which defendant has is inadequate; The second is the victim of the parties status not be respected; The third is examine Sue level existing prosecutors missing inform obligation, sentencing recommendations is imperfect; The fourth ,The court start programs lack of operation foundation; The fifth , to improve the efficiency of litigation function is limited, only Shorten the time of trial .The fourth part is the procuratorate Suggestions for common procedure simplified trial improvement Suggestions. According to research the problems found in put forward the following five suggestions: The first is to respect the victim's party status. endows with simplified trial procedure's veto; The second is to protect the defendant litigation rights, perfecting the defendant's procedural option, perfect the legal aid system; The third is to perfect the sentencing recommendations system; The fourth is establish evidence exhibiting system; The fifth is in examine Sue level implement victim-offender- reconciliation concept.
Keywords/Search Tags:Common procedure simplified trial, Litigation rights, Litigation efficiency
PDF Full Text Request
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