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The Study On The Influence Of Criminal Summary Procedure Modification On The Procuratorial Practice

Posted on:2015-01-16Degree:MasterType:Thesis
Country:ChinaCandidate:X Q ChenFull Text:PDF
GTID:2296330467473858Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In the newly revised2012version of "Criminal Procedure Law", criminal summary procedure has been significantly modified. With more specific provisions as regards the extent of application, the conditions of application, the way of court trial and right of action, the Chinese criminal summary procedure system has been effectively improved to meet the needs of China’s judicial reform. Meanwhile, the new provisions concerning summary procedure in the new version have brought great challenges to Procuratorial organs, among which the one with the most direct influence is the specified provision that "the People’s Procuratorate shall, when summary procedure is applied in trying a case of public prosecution, send its representatives to attend the court session". With a view to a better application of summary procedure and a more efficient utilization of limited judicial resources, Procuratorial organs should take an initiative in the establishment of a summary procedure mechanism for case handling, which conforms to the local realities, in order to achieve the organic unification of justice and efficiency of litigation.This essay focuses on the provisions concerning summary procedure system from Article208to215in the revised2012version of Criminal Procedure Law. Through a longitudinal analysis on the legislative changes in the criminal summary procedure system before the modified Criminal Procedure Law and the system’s influence on the Procuratorial practice, this essay discusses the modification and improvement of the summary procedure by the new Criminal Procedure Law, explores the influence of the modified summary procedure on the Procuratorial practice and lays special stress on analyzing puzzles the Procuratorial organs encounter in the process of handling prosecution cases which apply to the new summary procedure system, in order to provide strategies and suggestions to a better application of the summary procedure by the Procuratorial organs in their prosecution. This essay is divided into three chapters, the following is the specific content:The first chapter is a summary of legislative changes affecting the criminal prosecutorial practice. This chapter analyzes the use of historical method, by the way of the judiciary style of Ma Xiwu, the Article105paragraph1and Article112in the1976version of Criminal Procedure Law, Strike program and the1996version of Criminal Procedure Law Chapter II Section III on summary special chapter introduces the focus points of their respective impact on the practical operation of the prosecution produced.The second chapter is the practical difficulties of applying the new prosecution summary procedure. This chapter analyzes a grassroots procuratorate Sichuan Province more than a year to run a new summary case,points out the problems in the application of the new summary that the prosecution encountered, and proposes solutions for the next steps to provide ideas and program..The third chapter is applicable to the prosecution’s response to the new summary. This chapter applies to new summary from prosecution thatshould follow the principle of the work, aim at the problems of the low efficiency of the summary procedure in court,complex documents,inefficient investigators, inadequate protection of the right defense of the accused, low rates of protest,not standardized sentencing.Within the existing legal framework, combined with existing experience around, it has made some specific countermeasures and suggestions.
Keywords/Search Tags:Criminal Summary Procedure, Procuratorial practic, modification, influence, Suggestions
PDF Full Text Request
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