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The Research Of Speedy Trial Procedure Of Minor Criminal Cases In China

Posted on:2017-05-29Degree:MasterType:Thesis
Country:ChinaCandidate:T Z ZhangFull Text:PDF
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In June 2014,speedy trial procedure of minor criminal cases formally entered the stage of attempt in China.The speedy trial procedure can improve our judicial efficiency,save the judicial resources,solve the contradictions that there are a lot of cases but less judicial officers,and it’s conducive to the protection of the rights of accused person.This paper is based on the information of real cases and programs in the stage of attempt.By research the foreign related procedures and analyzing the stage of attempt of speedy trial procedure in our country.Founded that speedy trial procedure is not scientific in the system of rules and practical application,and explain the reasons behind it,finally put forward the proposal for improving and perfecting the program.I wish I could help to establishing the speedy trial procedure’s formally legislate.To be specific, the paper is divided into five parts of contents:Introduction part introduces the origin and development of the speedy trial procedure of minor criminal cases,and then briefly describes the process of author’s research.The author collected totally 120 real cases,through the internship experiences in procuratorate,and the cases collected from The Court of Z District,J,which was the first batch of the stage of attempt in speedy trial procedure of minor criminal cases,then the other cases from internet.The first part summarize speedy trial procedure of minor criminal cases in our country.In theory,this part of the article clear about the concept,the pilot rules,the construct meaning of the speedy trial procedure in China,and the similarities and differences between the summary procedure and the speedy trial procedure.Then briefly evaluate some misdemeanor procedure in other country.The author considers that speedy trial procedure should ensure the quality of the cases first,then focus on raising the speed of the trial. This is the theoretical basis before the practical research.The second part is the current situation and problems of speedy trial procedure.Collecting the real cases and summarizing the experience,the author considered that in the stage of attempt of speedy trial procedure of minor criminal cases in China,we have the following questions:lacking of protection of rights for the accused and the victim;lawyer assistance is always becoming formalistic;the scope of application and the simplified form are too single;the speedy trial procedure is not that speedy.The third part is about the analysis of causes for the current problems of the speedy trial procedure in China.In the process of the stage of attempt’s deficiencies are as following four parts :system design,the level of judiciary practice,people’s consciousness and legal culture background.The fourth part is about suggestions and measures for perfecting the speedy trial procedure.For the problems and the reasons in the stage of attempt of speedy trial procedure,and on the basis of the rules of the stage of attempt currently,the author suggests to improve the speedy trial procedure as following: increase the starting method,broaden the scope of applications,enrich the mode of the speedy trial procedure,unify the standards,establish the incentive mechanism and the relief measures.
Keywords/Search Tags:speedy trial procedure, judicial efficiency, judicial fairness, rights protection
PDF Full Text Request
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