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Practice Analysis Summary Indictment

Posted on:2014-12-17Degree:MasterType:Thesis
Country:ChinaCandidate:C DouFull Text:PDF
GTID:2266330425483113Subject:Law
Abstract/Summary:PDF Full Text Request
Simplified prosecution procedure refers to the grassroots people’s procuratorate onsome clear facts and evidence sufficient cases adopted by a special quick procedure. Atpresent, the simplified prosecution procedure as China’s procuratorial organs to dealwith the modified cases stipulated in the criminal procedure law of the summaryprocedure, the procurator organs shall sends procurators to the court. The strategy ofthis challenge, the simple procedure for handling cases, save the litigation resources,improve the efficiency of lawsuit has very important practical value, cause the extensiveconcern of academic circles and the general recognition of the society in general.Simplified prosecution procedure in our country, procuratorial organs criminalexamination and prosecution stage has been widely used. However, for the use ofsimplified prosecution procedure there has always been the voice of the question. Thisarticle is from now on, combined with the actual cases and modified the criminalprocedure law, to explore the legitimacy and necessity of simplified prosecutionprocedure, on the basis of the legitimacy and necessity in solving, and then to study themodel of simplified prosecution procedure options: one, citing the author work togetherto deal with the case, through the trial of cases of lead to the criminal procedure lawbefore modification for a problems of a case of public prosecution that is tried throughsummary procedure, the summary procedure is a case of public prosecution prosecutorssend no procurators to the summary trial result in the absence of litigation rights of thedefendant, to legal supervision, and points out the revised "criminal procedural law"provisions for the above problem cases through summary procedure, the procuratorialorgans shall sends procurators to the court. And this regulation, make the procuratorialorgans have to change the past usually send no procurators to the summary trial of thestatus quo, for the less people traditionally case, the stress of work, procuratorial organsprosecution department is not only an important opportunity, but also severe challenges. Thus, this paper derived argument: how to combine the work actual in procuratorialorgans to set up new work mechanism, improve the working efficiency to cope with thischallenge. Second, based on the summary to the prosecution procedure legitimacy andnecessity, this paper analysis this article argument, it expounds the reality of themeaning of the summary to the prosecution procedure. Three, the pattern on four simplepublic prosecution, and emphatically discusses the exploring in the simplifiedprosecution procedure of some problems worthy to be discussed; Priority publicprosecutor attendance summary trial. Support the summary trial simplified model andmain from strengthening supervision responsibility consciousness, enhancingprofessional ability of the promoter, carefully review decision, strengthen the guidanceon several aspects elaborated the procuratorial organs ways to increase supervision oflitigation.The author hope that through practical analysis of simplified prosecution procedure,to further improve the simple case review prosecution procedure, safeguard simple caseto conclude as soon as possible, and thus improve the efficiency of overall summarycase is dealt with, to ensure that the application case and entity justice, make its owncontribution.
Keywords/Search Tags:the criminal summary procedure, the prosecution procedure, Litigationsupervision
PDF Full Text Request
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