German Criminal Penalties Procedure And Its Reference To Our Country

German criminal penalties procedure refers in misdemeanor cases, the prosecution and the defendant by consensus, to submit a punishment apply directly to the court, which could proceedings in writing direct way to replace heavy trial links, so that the case can be summarily fast processing. There are several reasons that German criminal penalties are favored by lots of states. One is saving judicial resources and also taking into account the efficiency and fairness. Second one is not only mitigating the defendant jobs, but also reflects the respect for human rights, while retaining the equality of prosecution against the referee and judges centered pursuit of justice in line with the program settings scientific. In order to solve the big number of cases, through understanding German criminal penalties, we could combine with China’s specific national conditions, applicable to our criminal penalties. Making the necessity and feasibility of the program is analyzed to ensure the lowest fair bottom line under the construction of criminal punishment procedure.Conflicts between limited judicial resources and a sharp rise in criminal cases, and the limitations existing in criminal-speed cutting program. The existing system of reeducation through labor after the abolition of such violations criminal plight of segregation and the like to build our country’s criminal punishment procedure and necessary, but it also helps to reduce the adverse effects of the party’s reputation as well as our system of criminal summary procedure. The period of the Northern Warlords Government promulgated the "Provisional Regulations on penal order" based practice and practice in the implementation of the current speed of the conference program complete criminal trial proceedings breakthrough, the process is so simple criminal penalties, workable program basis, has the "people’s Court sentencing guidance(trial)" and "opinions on several issues standardize sentencing program(trial)" sentencing system foundation and China’s expanding talent base current lawyers, etc. makes building of criminal punishment procedure realistic.This paper focus on constructing criminal penalties in our country, based on the necessity and feasibility of the research program, and also provide some recommendations for the construction of a suitable criminal penalties. Punishment of criminal procedure is mainly applied may be sentenced to one year imprisonment(probation), regulatory or law single fine of dangerous driving, traffic accident, theft, affray and other minor criminal cases, the prosecution and the defendant reached in order to apply sanctions after the agreement, submit written materials including penalties, including application to the court order, the court issued a decision whether or punishment by written hearing. The criminal penalties procedure, not only relieve pressure on the judicial system, but also enrich our system of criminal summary to punish crime, more over, it protects human rights.