Research On Public Prosecutors Attendance In Criminal Summary Procedure

In 1996,according to Criminal Procedure Law of the People’s Republic of China that public prosecutors need not to present in summary procedure. While in judicial practice, in order to resolve the contradiction of less than the case, reduce the working pressure, procuratorates not to send representatives to participate in the court of summary procedure cases. In 2013 the criminal procedure law promulgated by the implementation of the of the summary trial mode has made substantial changes, not only to expand the scope of application of the summary procedure, also specified for summary trial case of public prosecution, the procuratorates shall attend a court to support the prosecution. Both have a greater impact to the system changes mechanism simple procedures in case of the original trial mode and the prosecutor.According to the summary procedure of public prosecution trial mode, academics and practitioners were put forward corresponding scheme, around the grass-roots law review organs also under the guidance in the judicial practice exploration system innovation, study how to under the existing legal norms, through the transformation of the mode and the working mechanism of the innovation, both with respect to procedural justice, but also take into account the trial efficiency.This paper has five parts. The first part, the author reviews the history of the criminal summary procedure in the court system, analyzes the causes of the prosecutor in court to problems and practical difficulties; the second part, the author from the litigation structure, strengthen the procedural justice and the implementation of the trial supervision three aspects demonstrates the the appearance of the role and significance in criminal summary procedure; the third part, the author analysis and evaluation of the current application in the judicial practice widely concentrated court mode and full-time public prosecutor mode, and points out the causes of the two modes of the problems encountered in practice and problems; the fourth part, through the comparative study of extraterritorial prosecution court system, the author puts forward the experience and Enlightenment worthy of our reference; fifth part, the author proposed the two dimensions and types of sentencing cases of Summary Procedure case were simplified diversion.Then in the trial procedure and supporting system, improve summary procedure prosecutor court mode.