The Protection Of The Defendant's Rights In Criminal Summary Procedure

The criminal summary procedure is a more simplified procedure,and it is suitable for the grass-roots court cases of the defendant pleaded guilty.The 2012 criminal procedure law improved the structure of the summary procedure but the defendant's rights is still a lack of attention.The article used questions from the case to build the article frame,and analyzed the problem of protecting defendant's rights in the criminal summary procedure in our country.First chapter of the article explain the case of "Li Weiqing,Li Zhongwei fraud",and ask questions from three rights of defendant which are the right of knowing,the right of procedure choice,the right to defense,in order to discuss the topic of this article more clearly.The second chapter analyze the questions in the previous chapter,extending the questions to deeply analyze the problems of protecting defendant's rights in current criminal summary procedure.This chapter discuss the topic from the defendant's right about knowing,apply procedure choice and defense.And points out that the defendant's rights of current summary procedure have some problems,such as the right of knowing is formal,lack of the right of procedure choice and the right to defense is weak.Then analyze the implied reasons behind these phenomena.The the right of knowing is analyzed from two aspects:knowledge on evidence and charges.The right of procedure choice is analyzed from two aspects:apply and shift procedure;The right to defense is analyzed from self-defense,entrusted defense and appointed defense,in order to explain why the summary procedure defendant is difficult to get effectively defend.The third chapter mainly ponders the questions in the previous chapter.Use the experience of other countries,and make suggestions from the legislation and system.In order to protect the right of knowing,the methods that restricting the rules of the court to change charges,setting up the evidence discovery system and defining the criterion for imposing penalty are needed.Give the defendants right to apply for the summary procedure,make sure the defendants are initiative on program selection,and ensure the duty lawyer system is applicable to the summary procedure.In order to improve the right to defense,we have to expand the limits of appointed defense and ensure that every defendant can get a lawyer to help.This article hope to retain the features of the criminal summary procedure,at the same time provide idea to solve the problems about the defendant's rights,in order to bring about more thinking and pay attention to the topic.