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Study Some Issues Of Criminal Summary Procedure In Our Country

Posted on:2012-03-12Degree:MasterType:Thesis
Country:ChinaCandidate:C LvFull Text:PDF
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The criminal summary procedure is founded in the revise of "Criminal Procedure Law of the People’s Republic of China" in March 17th,1996, and then normal procedure in simplified way has been formulated in "Concerning the application of ordinary procedure on the trial of the case the defendant guilty plea some opinions" which is passed by the Supreme People’s Court, The Supreme People’s Procuratorate, Department of Justice. Although current summary procedure has made certain benefits, there have been various problems from the point of legislative and judicial aspects. The current criminal summary procedure including summary procedure formulated in the "Criminal Procedural Law" and the simplified ordinary procedure system is not complete. Several important criminal procedures such as of plea bargaining process and Punishment to program etc have not been established yet.This article tries to analyze the problem and cause of our country’s current summary procedure and simplified ordinary procedure in the judicial practice from the point of criminal summary procedure’s definition. And then, by means of overseas criminal summary procedure’s introduction, the author come out the inspiration of perfecting China criminal summary procedure. In the last place, base on China specific conditions, according to the legal rules of our country’s current criminal summary procedure, drawing the merits of overseas criminal summary procedure’s legislative example, the author raises the suggestions of perfecting our country’s criminal summary procedure.
Keywords/Search Tags:Criminal summary procedure, the efficiency of lawsuit fairness and justice, the defendant’s right
PDF Full Text Request
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