Theory Of The Protection Of The Dependants’ Rights In Criminal Summary Procedure In China

Justice and efficiency are the two basic value goals in criminal litigation. The balance of them reflects the value of the summary procedure, one of the special criminal proceedings. The basic intent to establish criminal summary procedure is in order to improve the efficiency of litigation, to achieve the cases divergence and achieve optimum allocation of judicial resources. However, the necessary premise to realize the goal is to ensure the basic justice. The simplified procedures and shortened the action period can reduce the defendants’litigation exhaustion, but it is inevitably to harm part of their rights. Therefore, in the premise of the pursuit of the criminal summary procedure efficiency, how to guarantee the criminal summary procedure justice and the defendants’ basic procedural rights is particularly urgent and important. So, this thesis is emphasized on the theoretical basis of the protection of the defendants’rights by analyzing the content of their basic rights. Meanwhile, by comparing and analyzing the commonalities from the protection of the defendants’ rights in oversea criminal summary procedure, the author hopes that the thesis can put forward suggestions, which are based on the situation and issues of the defendants’rights in the criminal summary procedure in China.This thesis is divided into four parts:The first part is an overview of the right in the criminal summary procedure. The first is to introduce the current situation of the criminal summary procedure in China and some features of the criminal defendants’right in criminal summary procedure; the second is the necessities to protect the defendants’ right in the criminal summary procedure.In the second part, the author introduces the basic rights of the criminal defendant in criminal summary procedure, including the right of knowing, the right of procedural choice, the right of defense and their theoretical basis.In the third part, the author attempts to compare the protection of defendants’ rights in oversea criminal summary procedure and use for reference. In this part, the author mainly introduces the protection of the defendants’rights in criminal summary procedure from Britain, the USA, Germany and Japan. The author hopes to compare and analyze their common points and advantages in order to provide reference for the protection of defendants’rights in criminal summary procedure in China.In the fourth part, it is a discussion about the issues of the defendants’ rights in criminal summary procedure in China and how to improve them. It is an analysis from the right of knowing, the right of procedural choice, the right of defense and the author tries to make some suggestions to improve them.