The Research Of Public Prosecution Organ Summary Procedure Attendance

According to “Criminal Procedure”(1996), in cases to which summaryprocedure is applied, the people’s procuratoration may not send its personnel to thecourt. In practice, therate of Public Prosecution Organ’s personal presence insummary procedure court is very low. According to new "Criminal procedural law"article210paragraph2, in indictmentcase to which summary procedure is applied,the people’s procuratoration shall send its personnel to the court.The expand the scope of summary procedure，the increase in the number ofcases，the limited judicial resources and so on which need the prosecutor to make theappropriate adjustments in adjudicating cases. The current prosecution urgentproblem is how to choose a reasonable attendance patterns. Choosing a reasonablemodel to appear in court can not only solve the problem of the public prosecutor, butalso achieve the value of the program to simple pursuit of efficiency of theproceedings. After the revised Criminal procedure,people explored different patternsin practice:(1) the mode of full-time prosecutor;(2)the mode of concentratedattendance. These two kindes of modes appear in court in resolving the prosecutorhave achieved good results.But these two kindle of models are more obvious in Advantages anddisadvantages. Such as the presence of a full-time prosecutor mode and court staffinvestigators is separated. The entralized court model deficiencies in the maintenanceof the rights of defendants and the court’s terms of staffing. We should shouldcombine their strengths. Firstly, we can classified the cases in accordance with theseverity of the sentence imposed. We can select a different mode according to theircharacteristics.At the same time, through relatively concentrated transfer and trialsystem and strengthening supervision before, in and after the court, PublicProsecution Organ should sufficiently contact with the public security organs andpeople’s courts, establish a relative system on concentrated transfer and trial, andconstruct a new attendance mechanism of Public Prosecution Organ truly consistent with fairness and efficiency.