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Study On Quick Conviction In Criminal Procedure

Posted on:2017-05-26Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y ZengFull Text:PDF
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With pickpocket, drunk driving into the penalty and the abolition of reeducation through labor system, the number of crimes increased slightly less than the case become more prominent. In this context, June 27,2014, the NPC Standing Committee voted through the "decision to authorize the Supreme People’s Procurator-ate to carry out criminal cases fast trial pilot program in some areas," the Beijing, Tianjin and other 18 city as the first batch of pilot areas. In order to make the case can be dealt with quickly, criminal cases fast trial program came into being.On speed cutting procedure, of either theory or practice are still in its infancy, the gap with the West are obvious. Under China’s current social context, in order to better promote the rational allocation of judicial resources, improve judicial efficiency, it is necessary to reform and improve the criminal-speed cutting program. China’s current rate cut in criminal procedure research still concentrated in significance, and theoretical aspects of the current strong difference after the program and so on, to really investigate this specific program should go to how to use, how to make and practice the current criminal case coordination the information is very scarce, which is the practical application of this program lies the problem.This article intends to explore with the four part of some of the problems of the criminal-speed cutting program. The first part of the article is to analyze the criminal procedure occurs because the cutting speed and value. It appears speed CD program is to balance fairness and efficiency in judicial practice in China, in order to solve many problems in judicial practice. Currently "case few people," the contradiction of increasingly prominent, fast CD case and strive to achieve simplified shunt, eliminating unnecessary procedures, greatly reducing the duration of the proceedings, improve the efficiency of the trial, an effective solution to this problem. In addition, because of the lack of appropriate procedures minor criminal cases, so that our country can not meet the needs of existing programs. It appears speed CD program has great significance to meet the international trend, the solution to the current contradiction in China. Thus, the core values is efficiency rate cut criminal proceedings, mainly on the efficiency of the proceedings, save our judicial resources. Speed cutting program can make minor criminal cases quickly addressed in order to achieve the goal of procedural justice.The second part of the article is to analyze the current status of the experimental work and answer some doubt. The pilot work in this period of time, the speed of the CD program carried out in line with the target. First, the duration of the trial and the trial grew large shortening; second, litigation efficiency and service contracting rate v ratio improved significantly. The outside world is also the current speed of the Conference program scope, rights protection and other raised some doubts, which are to improve our speed CD program is important.About Super CD program, Western countries generally have two modes: Germany-based written and easy way to hear the trial in the United States as an example of the way. For these two modes of a rate cut for the program has a certain significance. A comparative study is the third part of the article.Finally, according to the above sections, combined with China’s national conditions, improve our criminal article for fast cutting program put forward a number of recommendations from the scope of application, program design, and other aspects of protection of the rights to explain how to construct our criminal-speed cutting program, which part is the main part of this article, is innovation of this paper, not repeat them here.The main purpose of this paper is to adapt to the needs of practice, strive to design the program can truly alleviate the pressure of the judiciary, to help maintain social harmony, this paper particular theory is not much to do research, everything from reality, in order to ensure that the purpose of writing It can be achieved.
Keywords/Search Tags:Efficiency, Protection of the rights, Judicial reform
PDF Full Text Request
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