Empirical Study On Turning Criminal Summary Procedure Into Ordinary Procedure

Criminal summary procedure has always been one of the hot issues of scholars, but fewscholars study on the turning criminal summary procedure to ordinary proceduresystematically. While practitioners of court system make some internal research, because ofits internal investigation of these systems is the need to emphasize obedience work, inevitablyhas some limitations. Therefore, it is necessary to analyze the situation and cause of turningcriminal summary procedure to ordinary procedure on the basis of empirical research andsuggest improvements of related working mechanism to minimize the violation of trialefficiency and the rights and interests of the defendant because o. f turning criminal summaryprocedure to ordinary procedure.This paper consists of introduction and the body. The text is divided into three parts,about30,000words.The first part focuses on practice operation of turning criminal summary procedure toordinary procedure in J district court. In83representative cases of sample courts aboutturning criminal summary procedure to ordinary procedure, the situation that presiding judgedecide the case to ordinary procedure is the most commonly. In this case, turning criminalsummary procedure to ordinary procedure tends to become a "technical" means by judges toextend the period of the trial. Meanwhile, prosecutors’ recommending improper application ofsummary procedure, the defendant’s Confession in court and other reasons will lead to theordinary procedure. However, if many cases concerning above reasons are handled properly,they should not have turned to ordinary procedure. Drawbacks of turning summary procedureto ordinary procedure are that on the one hand, in the current high rate of pretrial detention inour country, the criminal suspect or defendant is in a state of "stunned" by programtransformation, their reputation, privacy, freedom and even the future will be compromisedbecause of this state, which will lead to the formation of the defendant’s appeal tired. On theother hand, since the cases have no timely conclusion when they are in summary procedure,after conversion to ordinary procedure, although period of litigation is extended, but theefficiency of the trial is reduced.The second part mainly analyzes the cause of turning criminal summary procedure to anordinary procedure. In judicial practice, cases’ conversion from summary procedure toordinary has three following reasons. First, procurators in the summary procedure will not make strict censorship and screening about whether summary procedure is suitable and actstrictly in accordance with the law, so that the procurator’s proposal about summaryprocedure of the case is not necessarily completely in line with the conditions of the summaryprocedure. Second, the courts do not take responsibility of screening whether summaryprocedure is applicable to this case and also do not serve summary procedure decisiondocuments to the defendant face to face and listen to the real implementation of criminalsuspects’ and defendants’ views on the application of summary procedure. The third is thetrial judges’ abuse of summary procedure to ordinary procedure work mechanism to achievethe purpose of extending the deadline when the they can not be concluded within the statutorytrial period.The third part studies specific measures to reduce the risk and prevent the turning ofcriminal summary procedure to normal procedure. For the cause of criminal summaryprocedure to ordinary procedure, we should from the following three aspects to take measuresto reduce the risk of criminal summary procedure to ordinary procedure and prevent improperconversion. First, the people’s Protectorate should enhance the accuracy of summaryprocedure is recommended to reduce the risk of criminal summary procedure to ordinaryprocedure and prevent improper conversion from the source. Second, make sure the people’scourt to make the right decision. On the one hand, reform the people’s courts’ workingmechanism of pre-trial summary procedure; on the other hand, ensure the effectiveparticipation of the defendant. Third, prevent judges’ abuse of conversion from criminalsummary procedure to ordinary. Following specific measures need to be done:First, changethe current situation that only a judge has the discretion to turn summary procedure toordinary, new working mechanism of combination of courts’ review the decision andcombining Procurators’ supervision. Secondly, reform the discussion and decision procedurethat probation are required to report cases of this, and the case should be discussed by the vicepresident in charge of the criminal trial work and criminal trial judge and presiding judge ofthe mechanisms to form the final management decisions.Again, improve file management tostandardize the production of the Criminal Justice instruments. Finally, change the mindsetand judicial philosophy of judges.