The Theory Of Criminal Litigation Summary Procedure

Ensure fairness and justice of the case is the modern criminal lawsuit systemformation has been the pursuit of one of the most important value goal, Therefore,strictly stipulated in the criminal procedure law of China will be on the ordinaryprocedure of first instance trial organization, the pre-trial, trial and court investigationand other links. At the same time, by setting the public trial principle, the principle ofdirect verbal trial and other basic principle to protect the criminal trial work impartially.However, the whole social judicial resources are limited, the value orientation ofpursuing litigation economy, in order to be able to use of limited judicial resourcesreasonably and efficiently, protect the litigation efficiency, realize the lawsuit economy,1996, our country in the new revised "Criminal Procedure Law" added the criminalsummary procedure, it marks our country in the criminal justice field forward has takennew steps. In March14,2013the newly revised "law of criminal procedure" ofcriminal summary procedure in the way of revision, the revision range, the defendantmainly around the simple procedure to expand the right to choose the procedure and thepublic prosecutor in court and other important matters expressly provided, made greatachievements, but there are also some new problems, Such as relevant laws andregulations about the criminal summary procedure blurred, types of criminal summaryprocess, single of problem increasingly prominent.This paper aims to through to the typical criminal summary procedure ofAnglo-American law system and continental law system countries in-depth comparativestudy, to analyze the advantages and disadvantages and the root causes of the pros andcons, In order to make a detailed analysis of the advantages and disadvantages ofChina’s current criminal summary procedure, so as to reconstruct the criminal summaryprocedure of our country and put forward some feasible proposals and initiatives, sothat in the criminal procedure on the road more walk more far, more walk more wide.