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Research On Issue Of Simple Trial Procedure Of Public Prosecution

Posted on:2015-01-13Degree:MasterType:Thesis
Country:ChinaCandidate:X LiFull Text:PDF
GTID:2266330422969586Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Simple trial procedure of public prosecution, compared with ordinary procedure, is akind of simplified procedure in the process of lawsuit. The installation of simple trialprocedure is to realize the justice and efficiency, and is meaningful in practice. Under thebackground of increasing public lawsuit cases, with little criminal lawsuit resource, balancingthe relationship between justice and efficiency is its existing value base.In this procedure, wedefined their relationship as relative prioritized efficiency and consideration of justice.Throughout the public prosecution procedure in major foreign countries, the style andfeature are different due to the different legal tradition and the actual present. In order tobetter master the inherent principle of the development of the public arguing procedure in thepublic prosecution cases, some patterns are analyzed and summarized, the characteristics andtrend are also explored. Simple procedure is added into China’s criminal procedure law in1996, and then modified and adjusted in2012. Scope of application, startup mode, trialmethod, etc changed a lot, making the criminal lawsuit keeping high efficient. However, dueto the lack of supporting system and simplification of legislation mode, the current practice ofpublic prosecution procedure still fails to achieve the best allocation of judicial resources.On the basis of the analysis of implementing simple judicial procedure in the publicprosecution case in our country, to further perfect the simple trial procedure of publicprosecution in China some concrete suggestions are put forward. On the premise of adheringto the principle of due procedure, to seek the balance of justice and efficiency, the balancebetween punishing crime and protecting human rights, is the principle of perfecting simpletrial procedure of public prosecution. Under the guidance of the specific principles, it was toperfect the relevant specific issues and establish literary hearing procedure and defendantnegotiation process. At the same time, it is to actively resolve various problems in practice.All in all, further perfecting the simple trial procedure of public prosecution, is the path of thecurrent reform and development in China, and is conducive to improving the level of criminallawsuit of our country’s democracy and civilization.
Keywords/Search Tags:Justice, Efficiency, Cases of public prosecution, Simple procedure, Perfect
PDF Full Text Request
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