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Study On The Application Of Fast-Track Sentencing Procedure For Criminal Cases Of The Procuratorial Organs

Posted on:2017-06-10Degree:MasterType:Thesis
Country:ChinaCandidate:Y W GaoFull Text:PDF
GTID:2336330488472537Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The decision authorizing the supreme peopleís procuratorate to launch the pilot proram of Fast-Track sentencing procedure for criminal cases in certain areas,adopted by the standing committee of the Twelfth National peopleís Congress in August 2014.It means that the pilot program of past-track sentencing procedure for criminal cases in 18 cities across the country. As a pilot program, whether criminal speed cutting program has practical feasibility, can truly become a kind of independent procedure in legislation, need to be decided by the judicial practice, so the applicable case study in the judicial practice, timely reflect the criminal rate of cutting process for it is of great significance. Article based on research of procuratorial organ apply to speed cutting program, four grassroots peopleís procuratorate of different provinces and cities from September 2014 to December 2014 the speed of cutting process of statistical analysis of applicable conditions to investigate, understanding and analysis of the actual operation of system, and then found that there were problems, put forward the corresponding solution, hoping to perfect the criminal speed cutting program introduction.In this paper, besides introduction and conclusion, the text is divided into four parts, a total of more than thirty thousand words.The first part is an overview of the fast-track sentencing procedure. This part mainly introduces the fast-track sentencing procedure application scope, applicable conditions and analysis of the purpose and value significance. The former mainly introduced the methods specified in the scope of criminal speed cutting application and applicable condition, the applicable scope of speed cutting application of concentrated in the circumstances of the crime is lighter and lighter punishment on suspicion of dangerous driving, traffic accident, theft, fraud, etc. In a few cases; Suitable conditions including the criminal suspect or defendant admits his crimes, such as speed cutting procedures agreed to apply positive conditions and canít apply speed negative conditions of cutting process. And the suitable scope and applicable condition comparing with other procedures such as the summary procedure. The latter mainly for the purpose of setting up criminal The Pilot Program of Fast-Track Sentencing Procedure for Criminal Cases and the value is expounded anddiscusses the necessity of setting up the procedure of criminal cases.Specifically, the purpose and value of the criminal quick judging procedure mainly include:firstly,Procedure value: perfect case diversion mechanism; Secondly, actionable value: to enhance the efficiency of the proceedings, both the judicial fairness; Thirdly,judicial value: to enhance the judicial specialization; fourth, human rights protection value: to maintain the legitimate rights and interests of the parties.The second part is the practice of the procuratorial organs for the tast-track sentencing procedure. This part mainly introduces the empirical research of the sampleís procuratorate applicable speed cutting operation of the program. In this part, the author will first empirical research samples of procuratorate criminal tast-track sentencing procedure overall operation are introduced, including appropriate to the various regional and handle the differences of speed cutting application; Highly typed applicable speed cutting application cases presented; Some crime types not applicable speed cutting procedure; Start up mode is much by procuratorate recommendations apply; Criminal rate cut case handling period is short, and so on and so forth. Secondly, the author according to the data in the empirical research and data analysis, appropriate to the various sampleís procuratorate to speed cutting program specific conduct are introduced: one is the procuratorial organ for the concrete work of criminal speed cutting application case; Second, on the understanding of sentencing recommendations and applicable, the peopleís procuratorate of different treatments; 3 it is to "independently be sentenced to a fine in accordance with the law case" to understand and apply.The third part is to analysis the problem and the reasons of the procuratorial organs apply the fast-track sentencing procedure for criminal cases. The author first apply sample rate cut to the main problem of the application process including criminal the Fast-Track Sentencing Procedure application rate is low; Deal with the Fast-Track Sentencing Procedure part of the process of case not simplify; Conversion issues with other applications and appeals handling problems; To investigate the evaluation takes long and sentencing difficult inductive, legal aid, and so on and so forth. On an analysis of the causes mainly aimed at the problem, the main reasons, many factors restricted speed cutting application rate(such as the peopleís procuratorate advice probation investigation assessment provisions shall be applicable to the defect, causing some case undertaker who is not willing to apply speed cutting procedure). "Method" regulation itself is not perfect, some problems provisions are not clear; The investigators of resist the the Fast-Track Sentencing Procedure, enthusiasm is not high are reluctant to apply factors are analyzed in detail.The fourth part is how to perfect the system of the fast-track sentencing procedure. According to the feedback of front line investigators in the process of empirical research, the author gives suggestions from two aspects: perfecting the legal regulation and perfecting the supporting mechanism. In perfect legal regulations, the author puts forward the proper setting for fast cutting process of the scope of the case; relax conditions for fast cutting process; improve on the prosecution and legal aid duty lawyer system of regulations and so on. In perfect program supporting measures, the author believes that can be evaluated from the survey unified format, shorten the investigation and assessment of the time; simplify the relevant procedures of operation; improve the speed cutting procedure and general procedure, summary procedure of the transformation design; exploration cases cutting speed not to hold a hearing to hear the new mode to perfect.
Keywords/Search Tags:examination and prosecution, criminal speed cutting, minor criminal cases, scope of application, procedure construction
PDF Full Text Request
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