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A Study Of Speedy Trial Procedure Of Criminal Cases

Posted on:2017-02-17Degree:MasterType:Thesis
Country:ChinaCandidate:K X PanFull Text:PDF
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At present, China is in the economic restructuring, the multiple contradictions and disputes, the high incidence of criminal offenses, criminal cases simplified shunt further promote and optimize the allocation of resources justice is an urgent need for the current judicial practice, but also to better meet people’s expectations for justice a necessary requirement. Therefore, the Twelfth National People’s Congress Standing Committee of the Ninth Meeting decided to authorize the Supreme People’s Court, Supreme People’s Procuratorate to carry out criminal cases fast trial pilot program in some cities. Facts are clear and sufficient evidence, the defendant voluntarily pleaded guilty, the parties do not dispute the applicable law of dangerous driving, traffic accident, theft, fraud, robbery, injury, trouble and other less serious, according to the law may be sentenced to one year imprisonment, criminal detention, case control, or a single fine according to the law of the case, to further simplify the relevant provisions of the Criminal procedure law of the proceedings. Due to the different parts of the judicial reality, there are also differences in the understanding and application of criminal-speed cutting program, operating procedures vary. This paper studies the criminal rate cut by the program, in order to be able to provide a useful reference for improving our criminal-speed cutting program.The thesis is divided into five parts. The first part is an introduction. It introduces the research background and significance, research methods, as well as innovation and research papers framework papers. The second part is an overview of the criminal-speed cutting program. First, the basic content of the background, concepts, features and other criminal-speed cutting program generated, and then analyzes the value and the theoretical and practical basis which generates criminal speed cutting program; third part of Criminal speed cutting program status and problems. It describes the relevant provisions of the legislation and the pilot operation of our criminal-speed cutting program, and find out where the problems; fourth part of Germany, Japan, the United States and quickly deal with the Criminal Procedure. Introduced Germany, Japan, the United States criminal proceedings rapid processing procedures, summarized the common characteristics and trends, in order to improve our criminal-speed cutting programs to provide useful lessons; fifth part to perfect our criminal-speed cutting program approach. You first need to set reasonable standards applicable to expand the scope of the program, followed by the need to further simplify the program content, give full play to the effect of diversion program, we need to re-define the scope of criminal proceedings and the level of each program, effective convergence and conversion, and finally the need to strengthen against the accused protection of the rights and truly simplified procedures diminished rights.
Keywords/Search Tags:Speedy trial procedure, Summary trial procedure, Pluralism of procedure, Right protection
PDF Full Text Request
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