Public Prosecution Organ Summary Procedure Attendance Research

According to “Criminal Procedure”(1996), in cases to which summary procedure isapplied, the people’s procuratorate may not send its personnel to the court. In practice, therate of Public Prosecution Organ’s personal presence in summary procedure court is verylow. According to new "Criminal procedural law" article210paragraph2, in indictmentcases to which summary procedure is applied, the people’s procuratorate shall send itspersonnel to the court. The rigid term revolutionizes appearance system of PublicProsecution Organ in summary procedure.Domestic academics, practitioners is controversial on the value of appearance ofPublic Prosecution Organ in summary procedure. I believe that it plays an important role.First, it can help promote substantive justice in criminal proceedings, improve thestructure of criminal proceedings; At the same time, it really defends right to theprotection of cross-examination focusing on procedural fairness; Also, it plays an activerole in criminal proceedings efficiency; It can also strengthen legal supervision on thejudicial activities of the People’s Procuratorate if appear to support the prosecution.I start with substantive justice, procedural justice, litigation efficiency; analyze twoways of the summary procedure attendance, look for their advantages. I divide summaryprocedure into three groups and let each group has its own way. According to the threedifferent groups of summary procedure, I also build corresponding mechanisms in specificway. At the same time, through relatively concentrated transfer and trial system andstrengthening supervision before, in and after the court, Public Prosecution Organ shouldsufficiently contact with the public security organs and people’s courts, establish a relativesystem on concentrated transfer and trial, and construct a new attendance mechanism ofPublic Prosecution Organ truly consistent with fairness and efficiency.