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The Study Of Fast-track Sentencing Procedure Of Criminal Cases

Posted on:2017-03-04Degree:MasterType:Thesis
Country:ChinaCandidate:G HanFull Text:PDF
GTID:2296330488486914Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Modern criminal justice system has changed from the trust adversary mode to the combination of trust adversary mode and cooperation mode. The diversity of criminal procedure and the change of the relationship between country and defendants have became an important characteristic of modern criminal justice system. The speedy trial procedure of criminal cases is an "Experimental legislation" accredited by the standing committee of the national People’s Congress. And it’s a positive response to the development direction of modern criminal justice system. It has high theoretical value and practical value on promoting the transformation from traditional one-way crime processing pattern to the bidirectional interaction. The theoretical basis of “the speedy trial procedure of criminal cases” unlike traditional theory of criminal proceedings and it includes the consensus of criminal, the defendants’ right of criminal punishment, the defendants’ right of speedy trial,program shunt and so on.In theory and practice, the speedy trial procedure of criminal cases need more research and become better. How to treat the speedy trial procedure of criminal cases under centralism judgment? How to comprehend the relation between speedy trial procedure of criminal cases and traditional Litigation principle? How to comprehend the relation between speedy trial procedure of criminal cases and the functions and powers doctrine lawsuit mode? What’s the scope of the rights of defendants and procuratorial organs in the speedy trial procedure of criminal cases? There are many defects in practice,such as the adjustment of applicable scope and applicable conditions, the defendants’ unfamiliar attitude to speedy trial procedure of criminal cases, the intervention of lawyer, the weakness of defense effect, the defects of trial and so on. Although there are a lot of problems and controversy about speedy trial procedure of criminal cases, but they are normal. We should study and solve the problem about speedy trial procedure of criminal cases and build the speedy trial procedure of criminal cases based on the reality of our country. The author makes a preliminary arrangement and analysis about research reviews, theoretical connotation,theoretical dilemma, running status and development methods of speedy trialprocedure of criminal cases to cause attention of more scholars and rich theory and practice.
Keywords/Search Tags:Fast-track sentencing procedure of criminal cases, The consensus of criminal, Litigation rights, Centralism judgment
PDF Full Text Request
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