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Research On The Speedy Proceeding Of Misdemeanor Cases

Posted on:2016-09-01Degree:MasterType:Thesis
Country:ChinaCandidate:S Y WuFull Text:PDF
GTID:2296330479487944Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
On 2014, Jun 27 th, the Standing Committee of the National People’s Congress has voted to pass the “Decision on Authorizing the Supreme Court and the Supreme Procuratorate to Launch a Pilot Project of Speedy Proceeding of Misdemeanor Cases in Some Regions”, and authorized 18 cities including Beijing, Shanghai, Guangzhou to carry out the project. “The Supreme Procuratorate’s Opinions on Deepening the Reform of Procuratorial Work(2013 – 2017 Working Plan of The Supreme Procuratorate’s)” and “The Supreme Court’s Opinions on Comprehensively Deepening the Reform of People’s Court: the 4th 5-Years Outline of Reform(2014-2018)” have also emphasized on promoting and improving the procedure of speedy proceeding of misdemeanor cases.The speedy proceeding of misdemeanor cases is a second simplification on the current summary procedure in Criminal Procedural Law. It has important significances on increasing litigation efficiency, avoiding litigation delay, optimizing allocation of judicial resources, easing tension between investigators and cases, and strengthening protection on the rights of defendants.There is an urgent necessity of establishing a statutory speedy proceeding of misdemeanor cases based on the legal practice in our country. However, as the simplest procedure established for misdemeanor cases, it should be guaranteed by legitimate basis as its premise. Therefore, the speedy proceeding of misdemeanor cases should balance the conflicts between diversified values during the criminal procedure. Meanwhile, it should also be realized that there are many problems to be solved in the current practices of speedy proceeding of misdemeanor cases, such as unclear system position, imperfect legal basis, lacking of rights protection, defective supporting mechanism, and etc. Solving the previous problems is the key to keep the positive development of speedy proceeding of misdemeanor cases.This dissertation studies the speedy proceeding of misdemeanor cases in our country, and advocates that it should be the simplest independent procedure that designing for misdemeanor cases. Also, this dissertation offers suggestions for establishment and improvement of the procedure. Specifically, this dissertation is divided into four parts:Chapter One has inspected the speedy proceeding of misdemeanor cases by normative research methods. By analyzing the current national and local normative documents, this chapter sums up the development, the main contents, and the features of the procedure;Chapter Two has investigated the macroscopic situation of the speedy proceeding of misdemeanor cases by the data and documents obtained from practical investigation. It analyzes the achievements and, especially the problems of this procedure through three parts: the basic operating conditions, the protection of the defendant’s rights, and legal effectiveness of procedure;Chapter Three has discussed three fundamental problems of the speedy proceeding of misdemeanor cases. Firstly it discusses the necessity of establishing the statutory speedy proceeding of misdemeanor cases. Secondly it explains the legitimacy basis of the procedure. Thirdly it introduces the experiences of summary procedures in foreign countries. The previous three fundamental problems act as a connection between the preceding and the following parts of this dissertation. Also, they are the basis of responding the problems of the procedure in practice, as well as the premise of studying how to establish and improve this procedure.Chapter Four has offered suggestions for establishing and improving the statutory speedy proceeding of misdemeanor cases based on our country’s judicial reality. Specifically, we shall define the basic position of the speedy proceeding of misdemeanor cases, clarify the connection between this procedure and the current summary procedure, and make comparison between this procedure and the plea bargaining procedure; we shall establish an independent guilty plea process, improve defense mechanism of misdemeanor crimes, and introduce legal incentives to the procedure based on strengthening the rights protection of the defendants; we shall improve the supporting policies for the system, which includes setting scientific and reasonable assessment programs, improving the surveillance and shifting systems, and the following penalty execution.
Keywords/Search Tags:speedy proceeding, summary procedure, plea-bargain, confession, misdemeanor cases
PDF Full Text Request
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