Theory Of Criminal Summary Procedure The Right To Defence On Part Of The Defendant

Criminal summary procedure is based on the ordinary procedure simplified processing, omit a lot of links, in order to improve the efficiency of lawsuit. Is the development direction of criminal summary procedure, in guarantee under the premise of get a fair trial, the defendant, as far as possible to improve the efficiency of lawsuit. Case to be tried through summary procedure, will result in the defendant’s litigation rights restrictions, denied the defendant won acquittal chances, it is an indisputable fact. Nonetheless, but under the limited judicial resources, facing the huge pressure of criminal cases, the existence of the summary procedure is required, and have continued to develop trend. But the country at the same time in the development of criminal summary procedure, the pursuit of the efficiency of lawsuit, can’t ignore the value of his another important goal, namely the justice value. In order to guarantee the defendant in criminal summary procedure can get a fair trial, and we need to strengthen its a or certain rights, in order to make up for the criminal summary procedure on the design of the defendant’s injustice, to safeguard their own lawful rights and interests of the maximum. Of the right to defence on part of the defendant would play such a role in the surnmary procedure.In our country, the right is a constitutional rights, the constitution gives the defendant at the same time also has a higher status in the criminal procedure law. Advocacy is a core rights of criminal defendants, was the defendant in a criminal investigation, the tools to fight the organs of public power, the rights in criminal summary procedure is more important, also is of great significance to safeguarding judicial justice. Countries in the development of the criminal summary procedure at the same time, also attach great importance to summary the defendant defend guarantee, including the Anglo-American law system and continental law system and other countries, in order to protect the rights of defense of criminal suspects, defendants and offers a wide range of legal aid, although many shapes, but all achieved the effect of guarantee right to defend. In the process of summary procedure in our country development and many problems in the aspect of right to defend."Victory at the beginning of the surnmary procedure development program", although the defendants will face a more severe criminal penalties, but not for the guaranteed adequate. At the beginning of the summary procedure completely became a little tool. In the criminal procedure law in1996for the first time established in the true sense of the summary procedure, scope of application is positioned on a minor criminal cases. But there are still many problems in the defendant right to defend, as prosecutors not to appear in the summary procedure, as a direct result of the defendant’s defence is lost defense objects, a direct dialogue with cases judge, with no defense. In2012the new "criminal procedural law" the regulation is revised, provisions of the summary procedure is followed shall be tried in the case of public prosecution prosecutors must sends procurators to the court, which makes confrontational strengthening in the court. And also to further expand the scope of application of summary procedure, may be sentenced to a criminal shall be sentenced to fixed-term imprisonment of not more than three years, when the defendant guilty plea, all can be trial summary procedure. Although will expand the applicable scope of the summary procedure to heavier punishment cases, but in the protection of the summary procedure defended the rights of the defendant have almost no change, can’t change the defense lawyers to participate in the summary trial of the present situation of the low. In such a broad summary, cannot effectively protect the rights of the defendant’s defense, exacerbating the trial unfair.Criminal summary procedure, the defendant right to defend in the process of security, must insist on the principle of human rights protection."Respect and safeguard human rights" as a constitutional right of the defendant, in summary procedure aspects should also be implemented. As a basic right of criminal summary procedure, licensor, program options and the defendant should be safeguard, mutual contact and mutual dependence between them, so in the protection of the summary procedure of the right to defence on part of the defendant’s two other fundamental rights should be guaranteed as well. Protection of the right to defence on part of the defendant, is enhance defense capabilities in the proceedings, the defendant in a criminal confrontation with procuratorial organs equality, for the purpose. Defendant, equality is the purpose of defense security. But only guarantee the summary procedure in the form of the right to defence on part of the defendant is not enough, we need to further safeguard of the right to defence on part of the defendant, to achieve real sense of the defence, this requires adhering to the principle of effective defense.Therefore, we must summarize the summary procedure, on the basis of the developing problem of the defendant right to defend, follow the principles of human rights protection, and combined with China’s national conditions, on the need to improve. First, expand the legal aid in the scope of summary procedure, the urgent need to protect the defendant defend shall carry out the comprehensive coverage of legal aid cases. Second, perfect the procedural safeguard of summary procedure the defendant right to defend efforts related to the system construction.