The Report Of Weibin District Court On Summary Application Of The Criminal Investigation

China's revised Criminal Procedure law in 1996 gave much attention to the efficiency of litigation.One of the most important measures in the law is to require the summary procedure, in criminal proceedings,which make a lot simpler case ,committed a minor crime of criminal cases in the spin-off from the ordinary procedure,stolve under the simple and rapid trial. In practice, although the application of summary procedure the Court has been common in primary,the proportion of its application is low and the effectiveness of the program did not play to the fullest. In recent yeays,the theories about the criminal summary procedure were widespread.But as we know,this procedure was derived from the practice and will be used in practice.The level of its effectiveness can only be demonstrated in the application process.So the investigation and research about Simple Procedure for the Criminal has great pratical and theoretical significance.This paper based on data collected from the field work,and the methods such as analysis and comparison are used to comment on the exercise of the current summary of grassroots courts, to find the existing problems, and to promote the reform of the criminal summary.In addition to the introduction and conclusion, this paper was divided into four parts,and has a total of 18000 words:The first part shows the research purposes and methods.First,the purpose of this research is offering real cases and data support ,and taking the practical work of the grassroots court as a starting point to inspect the criminal summary of the application at a full range. Second, Research methods including field visiting, questionnaires, reading files and interviews combine with quantitative analysis, statistics and other mathematical methods.The second part is the introduction of the objective. Weibin District Court, located in the western city of Baoji which has specific economic, political, cultural indicators.And the size of the court equivalent to the scale of the courts in the national second-tier cities. So Weibin District Court could be taken as a sample to provide data sources for this reasearch. The third part describes the results of this research.First,in this court,the proportion of criminal summary procedure applies is far below the proportion of the econonically developed areas.But for better,almost 99% of these cases are quality.Second,the mechanism of the criminal summary proceeding is single,and the law applicable to the proceeding is messy.Third,the structure of this litigation is simplified which is lack of approval of confrontation mode,and the court procedure is too simple,for both narrow thescope of the case.Finally,judges tended to apply to the criminal summary ,in order to reduce handing stress.The fourth part describes several methods to improve the criminal summary procedure.First,basic-level court should pay more attention on the criminal summary, and the legislative organ should amend the relevant laws to implement the scope of the criminal summary.Second,reforming other procedures which are relevant to the criminal summary proceeding,and continue to strengthen the protection of fundamental rights of the accuseds.Finally,increasing the investment of judicial resources.