Study On The Summary Procedure Appliance Of Public Prosecution Cases

The summary procedure of light punishment cases was legislated in the CriminalProcedural Law in1996, the simplification of the procedure of the defendant pleadingguilty cases was legislated by the Supreme Court, the Supreme Procuratorate and theJustice Department in2003, relieving the pressure of arrears of cases and limitedjudicial resources in some degree. However, the former had a small scope ofapplication, the latter was too informal and not meticulous, making it difficult toapply them. Against this background, on March the14th2012, the fifth meeting of theeleventh National Congress approved “the Amendment to the Criminal ProceduralLaw”, remolding the appliance of summary procedure of public prosecution cases,attributing summary procedures to basic level courts, abolishing the consent right ofthe procuratorate, requiring the appearance of the procuratorate in all cases and so on.Thus the procuratorate was confronted with a situation of increasing number ofsummary procedure cases and building-up of working-load pressure. Theprocuratorate of different places are seeking new ways to develop a mechanism of thesummary procedure of public prosecution cases.This paper is divided into five chapters dissertating on the topic. The firstchapter, from the angles of “public prosecution cases”,“summary procedure” and“appliance of summary procedure of public prosecution cases”, outlines thefundamental principles. The second chapter elaborates on the value of applying summary procedure, especially in respects of reasonableness and feasibility. Thethird chapter gives an introduction of the foreign practice, including England,America, Germany and France. The forth chapter explores the legislation andjudiciary development, analyses the current situation and evaluates the practice ofBeijing, Shandong and Fujian in a practical perspective, trying to find the problems.The fifth chapter constructs the system of appliance of summary procedure of publicprosecution cases, brings out the basic principles herein, designs a primary mode andthe adjunctive program mes, presents tentative plans of the summary procedureappliance of public prosecution cases in perspectives of court procedure and judicialdocuments.