The Study On Application To Summary Procedure In The Cases Of Public Prosecution Under The New Criminal Procedure Law

Justice and efficiency are two major value pursuits in today’s judicial.The summary procedure in the case of public prosecution was created in order to balance justice and efficiency. Summary procedure started earlier in the foreign countries and got the full development.Multiple patterns has created simultaneously making summary procedure exert maximum efficiency. Plea bargaining in America and punishment in Italy have become two typical patterns of summary procedure which has an irreplaceable position in criminal procedure.The former can even be used to solve more than ninety percent of the criminal cases.According to the real demand and the development trend of world justice,China modified and refined its summary procedure in the amendment of Chinese criminal procedure law in 2012.This reform strengthens the pursuit of the value of summary procedure:human right protection and improvement of efficiency, bringing vitality back to summary procedure.However,there is no procedure which is perfect,especially Chinese summary procedure in the cases of public prosecution which needs more improvement and exploration.This paper focusing on human right protection and balancing the values pursuit between justice and efficiency aims to improve summary procedure in the case of public prosecution in order to optimize its application.There are seven parts in this paper.The first three parts introduce the basic theory of summary procedure.The first part summarizes its historical origin,including the history of foreign and domestic summary procedure.The second part analyses the concept of summary procedure in the case of public prosecution,and introduces further the characteristics and function of it.The third part introduces the important significance of summary procedure,including justice,efficiency and human right protection.These three parts lay a solid theoretical foundation to the improvement of summary procedure.The fourth part introduces the modifications of the summary procedure in 2012 and its influence to different main participants in the proceedings.The fifth part shows the empirical investigation of summary procedure,on one hand introducing the innovative work modes all over the judiciary,on the other hand trying to find the running problem of current summary procedure. The sixth part shows the excellent abroad design experience on the purpose of finding the inspiration to improve Chinese summary procedure.The final part puts forward suggestions on the perfection of summary procedure in the cases of public prosecution in the perspective of excellent cooperation between different judicial organs,the protection of the defendant and the evidence discovery system, based on its problems and referencing excellent abroad design experience.