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Searchingof The Fast-track Sentencing Procedure Organs

Posted on:2016-09-12Degree:MasterType:Thesis
Country:ChinaCandidate:Q L ZhaoFull Text:PDF
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With the increasing number of criminal cases in recent years, the contradiction between lacking of frontline investigators in the procuratorial organs and increasing number of criminal cases becoming more and more prominent. The sixth meeting of the twelfth session of the standing committee of the National People’s Congress decided to abolish the law of labor-reeducation,this decision causes the structure of criminal law facing with huge adjustments, which is the pattern of conviction and punishment change from single track to double track system, from three level sanctions system to two level sanctions system.[1] This change directly leads to a further increase in the number of criminal cases, and the existing general summary procedure of criminal casescannot practically meet the requirements of handling the huge number of criminal cases efficiently. In order to improve the efficiency of the criminal procedure, to save judicial resources, and to defuse socialconflicts and maintain stabilization, The Twelfth Session of the Standing Committee of the National People’s Congress adopt the Decision on Authorizing the Supreme People’s Court and the Supreme People’s Procuratorate to launch the pilot program of fast-track Sentencing procedure for criminal cases in certain areas. According to the Decision, the pilot program lasts 2 years, and if the Fast-Track Sentencing Procedure proved feasible by judicial practice, then the criminal procedure lawwilbe modified; but if the Fast-Track Sentencing Procedure is proved ineffective, then the original relevant laws will be restored. So the Supreme People’s Procuratorate requires all the Local People’s Procuratorateto effectively establish an mechanism for handling criminal cases quickly, which is called Fast-Track Sentencing Procedure, based on the physical truth.Fast-Track Sentencing Procedure for minor criminal cases is a kind of procedure which base on separation of simple criminal cases from complicated and handling the criminal cases according to such classification. On the premise of guarantee the quality of the criminalcases, Fast-Track Sentencing Procedure is a kind of procedure which can simplify the trial process,speed up the circulation of criminal cases and shorten the period of time for handling criminal case, more simple than the summary Proceeding. So far the criminal summary proceeding of our country has developed from nothing and now the scope of application of summary proceeding is gradually expanding. The criminal procedure law of China in 1979 has no summary proceeding, because that the total number of criminal case is not so large and the general procedure of criminal cases is not so complicate.The Criminal Procedure Law was amended in 1996, in which summary proceeding is added. Summary proceeding applies to minor criminal cases that the defendant may be sentenced to fixed-term imprisonment of no more than three years, or criminal detention, or control, or criminal fine only. In 2012, the criminal procedure law was amended again, and the range of application of summary proceeding adjusted to criminal cases that ruled by grass-roots people’s procuratorate, while the defendants plead guilty and may be sentenced to imprisonment undertwenty-five years. The launch ofpilot program of fast-track sentencing procedure for criminal cases adopt the double standard that the case is simple and minor and the defendant pleaded guilty.The fast-track sentencing procedurefurther classify the cases which summary proceeding applied and structurally remedy the simple mode of summary proceeding.In recent years, when making a comprehensive survey into the judicial reform in the countries of common law system or civil law system, great achievements have been made in the criminal summary procedure. For example,in Japan,besides simple command procedure, simplified trial procedure and raffic case summary the referee procedure, rapid referee program was adopted in 2004; in Taiwan,short form trial procedure and plea agreement procedure were respectively adopted in 2003 and 2004.In Germany, besides the legislative provisions of criminal punishment program and quick trial procedure, plea bargaining was introduced; in Italy,there are different kinds of summary procedures,such as criminal punishment procedure, trial immediatelyprocedure, speedy trial procedure, summary trial procedure, punishment In accordance with the request of parties. It is not hard to see that the developmentof the criminal summary procedure is experience a trend of diversification. N matter the dominant Anglo American legal system or the continental legal system, the judicial reform aim at achieving the balance between justice and efficiency, not only to improve the efficiency of the criminal proceedings, fight crime quickly to meet the reality, but also to overcome the drawbacks of the simplified procedures, protect the legitimate rights and interests of the parties effectively. In our country,the judicial reform of the criminal summary procedure also need to satisfied the international trend accordingly.It can be said that the expansion of the summary procedure is due to the pressure of the great number of cases and the shortage of judicial personnel and resources, the design of the criminal case speed cutting process also draws on the similar legislation in other countries and regions, which reflects a reform thinking of "pragmatism" and "bringism". However,the theory of legitimation basis、the system construction、and the protection of the rights of the speed cutting program need to be deeply discussed. Because these key issues relate to the reasonable position of the criminal speeding cutting procedure and its、 future development trend.The pilot program of fast-track sentencing procedure for criminal cases has lasted for more than one year, a lot of working mechanism had been formed and much experience had been summed up, all these mechanism and experience form the corresponding work norms. At the same time, a lot of problems appear and need to be further analyzed and resolved. As a grass-roots procuratorate handling criminal cases, The author try to analyze the new born procedure from the view of examination and prosecution of public prosecution department, in order to improve the new born fast-track sentencing procedure.
Keywords/Search Tags:procuratoria lorgans, minor criminal cades, fast-track sentencing procedure, working mechanism
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