On The Perfection Of Criminal Summary Procedure

The current of the criminal justice innovation in the world is enhancing efficiency and ensuring human rights, the equity and efficiency is the important targets in the modern criminal procedure, the appearance of the summary procedure is for the sake of harmonizing the equity and efficiency, making use of the limited justices resource more sufficient, thereby in the case of ensuring the procedure right of the defendant. From the time of the summary procedure, the discuss about it has never stopped, without the question, the setting of the criminal summary procedure enriches the criminal judgment system.at the same time, there are many problems in our current criminal summary procedure, the discussion of how to improve our criminal summary procedure is very important in the theory and practice.This paper which includes four parts emphasizing studies criminal summary procedure in our county.From the beginning of the conception of the criminal summary procedure, the first part outlines the summary of different scholars on the definition of the criminal summary procedure. Than through the discussion and analysis of the nature of the justice of the summary procedure,the author deem that the criminal summary procedure accords with the justice of procedure and substance and that can improve the litigation efficiency.The second part focuses on the analysis of relevant legislations and legal practice of the criminal summary procedures in foreign countries, such as, Germany, American and Italy. Especially in the fields of punishment order procedure and plea bargaining procedures, this paper will describe in detail. Based on the above discussion this paper summarizes the characteristics of the foreign criminal summary procedure.The third part is the summary of our current criminal Reflections. First it introduces the history and the development of the criminal summary procedure in our country. Then, from the aspect of the system design and the practical application of practice, it point out the problems in our current system.The forth part focuses on how to improve our criminal summary procedure. According to the existing problems that pointed out in above, this part will give corresponding advice to solve these problems.