Problems And Countermeasures For The System Of Simplified Examination In Ordinary Procedure

The system of simplified examination in ordinary procedure is designed to solve the problem of serious backlog of criminal cases all over the court.It is used to simlify some ordinary litigation steps and improve the trial efficiency on the premise of trial justice,which is only applied to those cases with the defendant's voluntary guilty plea and clear facts.It's a new form of trial which is explored in the long judicial practices.The system is first trialed in Beijing and then implemented all over the country.It has played a positive role in saving the judicial resourses and improving the litigation effciency.Although the simplified examination exactly improved the litigation effciency, there are still many obstacles in its practice because of the lack of related supporting systems and biased understanding all over the court.As a result,the defendant's litigation rights and substantive interests can't be effectively protected.In view of the above facts,the article analyzed a typical case using the system of simplified examination in ordinary procedure,and tried to find the disadvantages of the system which reflected in the case.The four problems reflected in the case tell us that the system have't give enough protection to the defendants,and the <certain opinions>(<certain opinions concerning the application of ordinary procedure on the trial of"the defendant guilty plea case">,which was issued by The Supreme Court,The Supreme People's Procuratorate and The Justice Department in 2003) did't regulate the system reasonably.There are many problems in the regulation,such as the simplified examination can't guarantee the voluntariness in the defendant guilty plea case,the defendants don't have the right of directly start the system and the great gap between the result and the defendant's expectation,and so on.All of this problems may lead to appeal because the defendant can't accept the judgment,which is against the purpose of the simplified examination.The article gave four suggestions on the system according to the problems reflected in the case and disadvantages existed in the application.The first is to guarantee the voluntariness of the defendant guilty plea,which is the premise of applying simplified examination.Secondly, strengthening the protection of the defendant's litigation rights by giving them equal rights to start the system,establishing evidence opening system before the court and securing them the right of receiving the help from lawyers.The third,defining the applicable scope of the system of simplified examination in ordinary procedure reasonably.Finally,we have to clearly know the punishment and scope of reducing or lighting when applying the system,so as to give more preferential punishment reward to the defendants.According to the problems in applying the system of simplified examination in ordinary procedure,the article tried to give some countermeasures and suggestions from the aspect of procedure designing,supporting system and legislation,and provide theoretical and practical bases for reasonable and effective operation of the system in criminal litigation in order to realize the goal of justice and efficiency.