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Research On Criminal Summary Procedure Of China

Posted on:2015-02-28Degree:MasterType:Thesis
Country:ChinaCandidate:P YangFull Text:PDF
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Criminal Procedure Law in2012amendments significantly has changed theoriginal summary procedure mode, which is a new model. Compared with CriminalProcedure Law in1996, it has a greater change in the scope, the startup, courtproceedings and other aspects. Compared with foreign criminal summary procedure,it contains those features such the wide scope of application, the single legislativemodel and integral litigation structure. Scope has covered all the defendants pleadedguilty to the grassroots courts cases, and penalties range also covers all penaltiesexcept death, life imprisonment outside. It has such a broad scope of application. Forthe purpose of improving efficiency, only a single mode of handling all types of casesthat can quickly push the country to implement. Its structure is relatively completeproceedings that the prosecutor must in court and the defendant has the right of veto.Unfortunately, there is its lack of proper mechanisms to protect the guilty pleaproceedings and summary voluntary choice in the design, the defendant did not getpreferential sentencing provisions and the defendant’s right to choose the program isnot complete. The academic circles have controversy on the concept of plea andwhether the presumption of innocence is applicable in the Criminal SummaryProcedure. Many people think that the defendant pleaded guilty to include not onlythe fact that the judge should also include value judgments. The presumption ofinnocence should be suspended in the summary procedure. I believe that the law can’tforce people to do a noble man. The concept of plea including value judgments todefendant is very harsh. The presumption of innocence is a fundamental principle ofthe Criminal Procedure Law. It should not be suspended.Justice and Efficiency are what the criminal summary procedure most concerns,both go hand in hand. Summary procedure of reform in recent years, the efficiencyvalue increasingly prominent and may result to reduce the fair value, so in theefficiency value realization process should adhere to minimum standards of fairness.Fair degree of reduction may be because the defendant pleaded guilty and agreed togive up the right that the fair standard would have been given. Another the efficiency itself is important component of the fair degree. For minor criminal cases, thedefendant more likely to choose a faster way to return to society to realize their rightto litigation, therefore, improved efficiency does not necessarily lead fairness ofconcessions. The Select of justice and efficiency should be balanced, orderly andcoordination by way of economic analysis or expert advice, namely direct costs anderrors cost minimization as an impartial and efficient equilibrium point, or let theInternational Convention on Standards justice by most scholars supported asstipulated in the criminal trial of the minimum standards of fairness. Ultimately therelationship between justice and efficiency to coordinate more realistic and practicalway is to make summary procedure mode diversification.Throughout the criminal proceedings are not identical and each judicialproceedings constitute interrelated, each program have assuming responsibility forfair value realization. For the summary procedure, through a number of systems, suchas pre-trial conference system, legal aid system, detention system, etc., to worktogether efficiently draw a fair trial results. Therefore, only improve the existing courtproceedings is not enough. Current summary procedure mode should be improved inthe following areas: Defendant pleaded guilty censorship, Lawyers involved in thesystem, sentencing discount rate, etc. In addition Punishment procedure should bebuild and the ordinary procedure should be improve. Ultimately makes optimalallocation of judicial resources, enhance the efficiency of justice.
Keywords/Search Tags:Criminal Summary Procedure, Justice, Efficiency, Penalty Procedure
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