On The Deciding Process Of Whether Or Not To Apply Summary Criminal Procedure

Deciding process of the people’s court to apply summary criminal procedure refers todecide weather or not apply summary procedure, before the people’s court hearing of a seriesof activities for examination. If the court inappropriate to apply summary procedure, it’ll notonly injuries defendants’ legal rights, increases the risk that a defendant is wrong, notconducive to the prevention of crime and realizes of justice; but also difficult to avoid thesummary procedure translating to ordinary program and so on back, and it is unable to realizethe efficiency value of summary procedure. Therefore, study on the deciding process of thepeople’s court to apply summary criminal procedure can not only help to prevent errors orimproper application of criminal summary, to protect the human rights of the accused, torealize justice, but also to promote the program smoothly, to realize the efficiency value of thesummary criminal procedure.This paper is divided into three parts: introduction, body and conclusion. Besides theintroduction, the paper is totally more than38,000words.The first part discusses the connotation and value of deciding process of the people’scourt to apply summary criminal procedure. It refers to decide weather or not apply summaryprocedure, before the people’s court hearing of a series of activities for examination, andaccording to law, the court shall comply with the procedures to apply summary procedure todecide on the case.2012"Code of Criminal Procedure" reset the applicable conditions ofsummary criminal procedure, but not the provisions of the people’s court to apply summaryprocedure decision procedure; and the Supreme Court issued a judicial interpretation of thisprogram, to become the legal basis for summary decision procedure. Taking procedural actsof people’s court as a standard, the deciding process can be isolated three subroutines, namely:the confirmation process of fact and evidence, the process of asking and informing, and theprocess of deciding. There is gradually promotion and strengthen mutual corroboration amongthem. As a beginning of applying summary criminal procedure, deciding process is importantto realize efficiency value of the summary procedure, to prevent improper application of thesummary justice, and it plays an important role.The second part discusses the operation of deciding process of the people’s court to applysummary criminal procedure. The author found in the practice of investigation that problems are distributed in each subroutine. Firstly, in confirming procedure: the confirmation was amere formality, lacking of real confirmation process; the judge referred to the imbalancematerial, and the accuser was stronger than the defense; the confirming was based on onepeople’s view; the confirmation was lack of fixed form, which was easy to be overhead.Secondly, the process of asking and informing: lacking of reference materials when asking"guilty or not" question, and based on complaint materials when asking "have no objectionwith corpus delicti or not"; there was blindness intellectual foundation of the defendant toanswer these questions; the court’s actives were rough improper; there were law loopholes inthis process, it is time to solve the problem of evidence and procedure in this stage. Finally, in"decide, notice and accept objection" decision procedure: the time and mode of decision is notuniform, which can not take into account the flexible features of judicial authority anddecisions; the informing and accepting the objection are improper, before the court the lastlayer of filter is biased, and there are risk of program interrupting and changing.The third part discusses the defects, long-term vision and recent improvement ideas ofdeciding process of the people’s court to apply summary criminal procedure. However, it hastwo characteristic: lack of rule of law and administration, which are the root cause of thepractice running problem. In the long run, pretrial conference will be the necessary criminalproceeding, and the deciding process should be taken together, which is the future trend ofimprovement and perfection of legislation. Now we must start from the internal threeprograms, to solve each problem. Firstly in confirmation program: to improve the quality ofcriminal cases; to balance the forces; standardizing the behavior; to establish a scientificevaluation system. Secondly in asking and informing program: to improve the defendant’ssubject status, to guarantee the presence right of legal agent and defender; to improve thelegal conditions, to put "evidence objection" and "procedural objection" into questions; tostandardize the behavior in court. Finally in decision procedures: to unify time and form ofdecision; timely to notify the procuratorate and the defender; ensuring the legal supervision ofprocuratorate of neutral legal, and the smooth legitimate dissent of the defender. The frontprogram is more justice, objections after decision is less, the summary procedure will beopened more smoothly, and it will ensure the effective application of the summary justice.