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On The Rapid Handling Procedure Of Minor Criminal Cases

Posted on:2017-03-30Degree:MasterType:Thesis
Country:ChinaCandidate:Y XiaoFull Text:PDF
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According to the law of western economics “80/20 rule”, distinguish the complex simple majority and minority rule, our country actively explore establishing polarization pattern of criminal judicial procedure, minor criminal cases quick procedure thus arises at the historic moment. Influenced by the value of "highlights the efficiency", in the past, minor criminal cases quickly pilot program and for the theory research mainly focus on how to realize the rapid procedure external shunt to normal procedure, judicial organs, the method of effective linkage between three organs, as well as by compressing the period of time for handling the case, to accelerate the process of litigation, and ignore the rapid procedure justice. In addition, the criminal speed cutting process experimental legislation in 2014, with minor criminal cases quickly procedure essentially similar, just consider experimental legislation robustness, on the basis of the rapid procedure reduces application scope, and mainly focused on simplified trial stage. The experimental legislation not only the pursuit of efficiency, but also need to ensure working quality, it will be a slight criminal case rapid procedure research process into a new stage.On the research of the minor criminal cases fast procedure, first of all should be aware of the rapid procedure inside with atletico and modern criminal lawsuit theoretical presupposition non-confrontational characteristic of deviating, obvious tendency of consultative. Based on its special application characteristics, determines to justify and rapid procedure should be established in the program under the premise of consultative, pursuit of efficiency of program in accordance with the law. Specifically, in a quick procedure should be set for program participants to choose legal consultation system and ensure the rights of autonomy in the program participants in the negotiation process design. However, how does not affect the working efficiency, fill the juridical consultative system, make up the participants need rights, autonomy enhancer consultation, the minor criminal cases deal with program in order to quickly, and guarantee the quality, and the effect procedure, become the difficulty of the research. Based on this, the minor criminal cases fast procedure outside of typical way: plea bargaining, punishment procedures, the criminal reconciliation in local Settings. At the same time, based on the principles of "highlighting efficiency and justice", set up the minor criminal cases quick procedure internal shunt mechanism overall coordination program is running. In addition, rapid procedure emphasizes an effective linkage between minor, but to prevent excessive commercial &examination &legal departments cooperate, appear the situation of "assembly line", the article suggested from investigators, electronic business, Chapping mechanism three aspects to optimize the quality of handling the case.
Keywords/Search Tags:minor criminal cases, fast procedure deliberative, negotiability, justice
PDF Full Text Request
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