Improment On Applicable Scope Of Simplified Criminal Procedure In China

Simplified criminal procedure has a significant role in addressing backlog of unsolved cases and limited judicial resources, while the promptness of this procedure may threat substantive justice and assurance of human rights. Therefore, we should strictly and prudently control the applicable scope of simplified criminal procedure.2012 New Criminal Procedure Law has greatly modified simplified criminal procedure, particularly in applicable scope of this procedure. The paper mainly discusses applicable scope of simplified criminal procedure, focusing on the current situation of its legislation and justice, so as to find its potential problems in practice and propose corresponding suggestions and advice.This paper is divided into four sections. The first section is to introduce the purposes, meanings, content and methods of this research. Then, the second one makes an overall survey on simplified criminal procedure from the concepts and characteristics of this procedure. The third part is the core by analyzing the current situation and existing problems of this procedure in People’s Court of Antu County, mainly including uncertain guarantee of defendants’voluntary confession, low applicable rate of this simplified procedure and cases like sentence of more than three years. The fourth section provides some specific measures to improve the simplified criminal procedure. In order to solve the previous judicial problems, we offer a guarantee mechanism for defendants voluntarily to choose simplified criminal procedure, as well as other measures like facilitating this procedure to a gradually diversified mode and mechanism to handle cases.By studying the applicable scope of simplified criminal procedure, we can know that continuous efforts and progress should be made to this procedure in the future. Strict regulation is vital to the applicable scope of this procedure. Without sacrificing the justice, improvement of proceeding efficiency and reasonable judicial resources distribution will make the simplified criminal procedure better.