Some Problems Of Simple Criminal Procedure

The criminal summary procedure is a simple procedure for trial, the suitable case for the casefacts are clear and minor crimes. In1996,"Criminal Procedure Law" are clearly defined insummary procedure. Although the summary procedure system was established,.At that time,theeffect of summary procedure is not ideal. In order to realize the ideal of speedy trial, we only bysimplifying the procedure is very difficult to achieve, also need to analyze and think thetheoretical foundation of summary procedure deeply and need to improve the relevant laws andregulations.Finally, to ensure the implementation of summary procedure through the perfectoperation mechanism. The new "criminal procedural law" according to the basic principles ofrespect, protect the human rights of the accused in particular the procedure option and maximizethe justice value and efficiency value and balance. The new "criminal procedural law" carefullyassess the social basis of present, absorb a lot of valuable experience in judicial practice, manyimportant judicial factors to be balanced, this progress is to ensure the efficiency of lawsuit fairpremise to improve.Obviously the new "criminal procedural law" progressive significance, but its concreteregulations are still not perfect. In the concrete implementation still exposed a series of problems.This article started from the basic theory of legislation and implementation perspective. The articlemainly aimed at expanding the scope of application, simple defendants of consent, prosecutors incourt to three main issues were discussed. This paper is divided into three parts, a total of morethan30000words.The first part is the basic theory of summary procedure. First of all, we summarized theexisting theory summary procedure, the relationship between justice and efficiency, proceduraljustice and substantive justice relation in detail, finally summarizes the research significance. Thispart of contents for the following normative analysis done theory foreshadowing, at the same time,more theoretical foundation of summary procedure to ensure the effective implementation ofsummary procedure and regulations.The second part is the analysis of the criminal summary procedure specification. First,summarized the simple procedure of foreign legislative overview, then the evolution of simplecarding summary procedure of legal norms, the lack of progress and modification to the new"criminal procedural law" the discussion, put forward a sound proposal.