Study On Perfection Of The Criminal Summary Procedure

To institute proceedings means the input of the juridical resources. With the development of the national economy, the growth rate of the cases also increases. Regarding the uprising public legal consciousness and the amplification of national law system, the requirement of due process and programed protection of human rights was enhanced. Then, influenced by a series of factors, including judicial cost, the disproportion between the growth of the cases and the input of the juridical resources, cases were backlogged. This inefficiency will definitely give rise to the injustice in the criminal litigation procedures, thus infringe upon the accused rights. Therefore, perfection the function of summary procedure in the criminal litigation procedures, when considered the limited juridical resources, is an optimal balance between the two core values: judicial fairness and the judicial efficiency. The footings of the reform of the criminal summary procedure, is to disabuse the flaw of the summary procedure in the protection of the accused rights, thus transform the economic value from the power-dominated economy to the rights-dominated economy so as to decreases the cost of the defendant paid for protecting their own rights and furthermore increase the efficacy of rights protection.Through a true case which applies the summary procedure, the passage elucidate the existed problem in the application of summary procedure and after the analysis of the details, incisively put up with some suggestions and solutions to perfect the criminal summary procedure in China.The passage consists of foreword, body and epilogue. The passage is made up of three part:The first part mainly introduces the court brief, the start and the progress of blackmail case of Sun.The second part analyzes the progress of application of summary procedure of this case, and concluded three general problems widespread existed in summary procedure, with a discussion on rationality and validity.The third part aims at the certain problem discussed in the second part, raised some certain suggestions to strengthen the criminal summary procedures based on the legislation experiences around the world.