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Study Of Criminal Summary Procedure

Posted on:2012-12-18Degree:MasterType:Thesis
Country:ChinaCandidate:S S WangFull Text:PDF
GTID:2256330392961858Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In order to alleviate the problem of litigation inefficiency such as the backlog of casesand litigation delays which are caused by the slower ordinary process, countries around theworld have established summary procedures to diverse the cases and reduce the workloads ofjustice and the development is showing a wide range of trends.the demestic summaryprocedure is an important additional content of revised criminal procedure. Compared withordinary procedure, it is a more simplified proceding which is adopted by basic-level people’scourt to hear minor specified criminal cases by an indivadual judge.Its purpose is to simplifythe procedure in the judicial practice of some criminal casea whose facts are clear and plot’squite simple and some petty crimes.This will not only distinguish complexity from simplicity, punish criminals timely,protect the legitimate rights and interests, but also pertinently solve the problem of lowquality and efficiency of unfocused trial.It will help to strengthen the functions of court andensure the justice.Meanwhile,the summary procedure can adapt to the present worldlydevelopment trend of the Criminal Procedure,and plays an important role in improving thelitigation efficiency, decreasing the backlogs and shortening the closing cycle.But due to various conditions, there are still some problems in the application of thecriminal summary procedure in our country; some judges have not established the concept ofsummary procedure, that fails to play a part in its procedure distributaries function.Therefore,the further reform and improvement is of great practical significance.In the thesis, the author firstly demonstrates the concept and characters of summaryprocedure,make a clear review and comparision of the summary procedures in other countriesand analyse the the problems exist in the domestic summary produre.Based on this,the authorputs forwards general and practical measures to consummate it, and establish a "triple-type"Summary Procedure.In addition, By the way of improving the working mechanism of courtand other supporting mechanisms, the case will be rapidly handled,the judical workload willbe reduced,and the litigation effectency will be greatly improved.
Keywords/Search Tags:Summary, Procedure, Efficiency
PDF Full Text Request
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