Font Size: a A A

Empirical Research On Application Of Criminal Summary Procedure In Guilty Plea Cases

Posted on:2015-12-12Degree:MasterType:Thesis
Country:ChinaCandidate:X H WangFull Text:PDF
GTID:2296330464451399Subject:Criminal procedure law
Abstract/Summary:PDF Full Text Request
Guilty plea exists in investigation, prosecution and judgment procedure widely, plead guilty in different stage has different affection on lawsuit, but the significant meaning of it is to simplify lawsuit procedure, promote legal efficiency. Under the circumstance of overstocking criminal cases, criminal summary procedure is introduced in legal stage upon some criteria, defendant plead guilty or not and felony or not play important roles among these criteria. The author researches on guilty plea in criminal summary procedure cases with his own work, summarizes and analyzes outstanding issues in practice, and promotes reform scheme.The dissertation is divided into the introduction part and the main body, and the main body is constituted by four parts. The main contents of them are generalized briefly as follows: the first part elaborates the conception of guilty plea and specific genres of plea cases. To grasp its conception, one should first clear the stage of guilty plea, because it exists in investigation, prosecution and judgment. Then, the contents of guilty plea is not only confess one’s crime, but also admit that one’s behavior form a crime, the latter is a kind of value judgment, it should be decided by those who dealing with the case. Thirdly, as a legal lawsuit behavior, plead guilty has some legal consequence, which should be confirmed by who dealing with the case. There is no unified judgment procedure in plea cases, it can be seen in investigation, prosecution and judgment stages.The second part probes into the dissertation’s focus by introducing the real meaning of guilty plea in criminal summary procedure. The adoption criminal summary procedure in plea cases can promote litigation efficiency, lighten the parties’ burden and agencies’ stress, it can also show the confessing attitude.The third part puts forward prominent problems in criminal summary procedures of plea cases with the author’s practical work. There are four problems, the first one is that the confirm mechanism is unsound. The existing mechanism mainly focuses on formal investigation but not the voluntary and advisability of guilty plea. Second, the investigation on facts of plea cases is not serious. The use of criminal summary procedure can absolutely lessen the function of identifying the facts, but the existing mechanism cannot guarantee the most basic integrity and reliability of facts. Third, sentencing procedure is not perfect. Sentencing is the core issue of criminal summary procedure, while there is no perfect sentencing mechanism. Four, litigation efficiency is not promoted obviously. The main value of establishing criminal summary procedure is to promote litigation efficiency, but it cannot be realized in practice.The forth part puts forward reform proposal on problems met in practice. To enhance criminal summary procedure, one should first perfect supporting measures. Firstly, duty lawyer system should be established, and under its protection to perfect discovery system. Secondly, promote guilty plea confirm mechanism. Specific guilty plea confirmation mechanism can be formulated and given bound legal force by using the reasonable core of “pretrial proceeding for guilty plea”. Thirdly, we should establish comparatively independent sentencing system, highlight the significant role of sentencing and establish separate procedural rule for it. Forth, the operating mode of criminal summary procedure should be specified. Except classifying criminal summary procedure by the severity of offense, the defendants’ guilty plea extent should also be considered in procedure adoption. Triage mechanism and interior procedure criminal summary should be done to enhance litigation efficiency.
Keywords/Search Tags:guilty plea, criminal summary procedure, litigation efficiency
PDF Full Text Request
Related items