Empirical Research On Operational Efficiency Of The Criminal Summary Procedure

Criminal summary procedure is an important procedure to improve judicialefficiency. In the guarantee of judicial justice, it achieves the target of optimalallocation of judicial resources and reduction of the judicial cost through the shuntmechanism, so the contradiction between scarce judicial resources and heavy criminalcases would ease. Under the background of the amendment of Criminal ProcedureLaw in2012, the reform of the criminal summary procedure has become the focus.Legislation is the precondition to guarantee the efficient operation of the summaryprocedure, and the transformation of judicial practice is the key to improve theoperational efficiency of the summary procedure. For the obstacle constraining theefficient operation of summary procedure in the practice, we should set up themicro-crime quickly judge procedure, perfect the trial rules, speed up the pace oflinks operation after court hearing and promote defense’s effective participation, andso on, finally to improve the efficiency of criminal summary procedure.Besides the introduction and conclusion, this article includes three parts, about20,000words.The first part investigates the criminal summary procedure efficiency in practice.Criminal Procedure Law’s reform to criminal summary procedure is to promote thecases to be decided according to their complexity and to balance the justice andefficiency. However, the legislative reform also needs to be examined by judicialpractice. After the research on criminal summary procedure operation of grassrootscourts, the writer analyzes the operational efficiency of criminal summary procedurein practice in terms of the standards that optimize the allocation of resources andmaximize the benefits. After the implementation of new Criminal Procedure Law, theadoption of criminal summary procedure increases. Micro crime cases accounted forone third, and cases to be decided according to their complexity achieve obviouseffect. From the comparison between the defense with a lawyer and self defense,defense with a lawyer takes no obvious time, but defense effect is more obvious thanthat of self defense. From the perspective of actual trial period, excluding individualfactors, the average time is close with before. From the time consumed, it tended to betransactional in pretrial and protracted after trial. From the trial time, the majority ofcases required shorter time and the rhythm accelerated apparently. The second part analysis the obstacles that influences the efficient operation ofcriminal summary procedure. From the actual inspection, it mainly contents followingaspects. Firstly, it lacks quick judgment procedure for micro-crime. The summaryprocedure is still a "unified" program because it doesn’t set up a much more quickjudgment procedure for minor criminal cases, so this influence the effect that casesdecided as their complexity and the operation efficiency of criminal summaryprocedure. Secondly, the defense has an insufficient participation during the trial. Thedefendant becomes the procedure object all the time and he doesn’t participate theprocedure sufficiently. So does defense lawyer. For the lack of effective participationof defense lawyers, self defense achieves poor effect. Thirdly, the trial rules are notperfect. The new criminal procedural law gets too principle for the trial procedure andjudicial interpretation is not specific enough. So it’s difficult to meet the need toexpand the scope of application of the summary procedure. At last, links after courthearing tend to delay. From the analysis of the survey, the links after court hearingcost the judge a lot of time. Adjudicative document is not simplified enough, whichdirectly affects the operation efficiency of the summary procedure.The third part discusses the specific way to promote the operation efficiency ofcriminal summary procedure. Given the fact that there exists obstacles that constrainthe operational efficiency of criminal summary procedure, we should reform andimprove the summary procedure in order to ensure its smooth and efficient operation.First of all, we can construct a quick decision procedure in the pretrial for micro crimecases so that the minor criminal cases can be handled as their complexity rather thandecided during the trial. Secondly, we should optimize the trial procedure and thelinks after court hearing by perfecting the rules of trial procedure. Finally, we shouldpromote the defense’s effective participation in the procedure. Specifically, we shouldguarantee the right of defendant’s procedural participation and improve lawyers’participation rate in the summary procedure. Then the procedure efficiency can beenhanced.