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Study On Speedy Trial Procedure Of Minor Criminal Cases In China

Posted on:2018-07-13Degree:MasterType:Thesis
Country:ChinaCandidate:X Y HuFull Text:PDF
GTID:2336330515983849Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
There is a link between the pilot work of minor criminal cases speedy trial procedure and "fewer people,more cases" judicial conflicts.The purpose is to protect basic rights of the defendants,improve efficiency,save judicial resources and lighten the burdens of parties and grassroots judicial system by shortening time,simplifying or omitting procedures and so on.The pilot work is running stably,smoothly and effectively now.In addition to 18 cities asked by the Supreme Peopleís Court and the Supreme Peopleís Procuratorate authorized by the NPC standing committee,more and more cities are carrying out the pilot work.Pilot cities issued relevant rules and explored a series of work methods according to practical situation.And it works effectively at efficiency,non custodial compulsory measures and non custodial penalty and so on.However,as "experimental" legislation,speedy trial procedure pilot work exists many problems.Firstly,the scope of cases is too narrow.It sets up so many suitable condition on conviction,possible penalty,application that rules out a large number of cases.Secondly,the partiesí rights arenít protected well,such as the defendantsíprogram option right,non custody right,voluntary confession,lenient punishment right and lawyer help right etc.The victimsí right to know is restricted and suggestions also didnít get attention.Thirdly,the work links canít run smoothly which is limited to cumbersome approvals and immature mechanism.The procuratorateís work is increased because the public security organs apply less speedy trial procedure.The cases and penalty suggestion given by the procuratorate are both not accurately which brings the court pressure.The evaluation also affected the work of the public security organs,the procuratorate,the court.And there are some problems in community correction.Finally,judge standards arenít clear.Itís difficult to define"information security";And there is no criterion about sentence and procedure conversion conditions.In order to solve the problems above,this thesis puts forward to some solutions by referencing beneficial experience of criminal summary judgment procedure from America,Britain,France,Italy,Germany,Japan.Firstly,expand the scope of cases from four aspects:unlimited of conviction which learns from America plea bargaining and Germany quick trial procedure,repudiation of possible penalty,cancellation of discriminatory provisions and victimís understanding.Secondly,protect the legitimate rights and interests of parties further.The program option right of defendants should be reinforced and given in pretrial and trial.Defender should participate in confession and penalty negotiations,which learns from Britain and America plea bargaining.Retain the court investigation and court debate selectively.And Legal Aid Lawyers on Duty System should be perfected as soon as possible.The right to know and the suggestions of victims should also be respected.Thirdly,strengthen cooperation between the public security organs,the procuratorate,the court and the judicial administrative organs by establishing "speedy detection,speedy prosecution,speedy trial,speedy evaluation" mechanism,judgment and community correction docking mechanism and information sharing mechanism to promote efficiency of handing cases further.Fourthly,judge standards should be cleared andunited.The "information security" rule should be abolished.And sentence standards should be refined and lenient like incentive system of Britain,America,Italy and Germany.Meanwhile,clear the procedure cornversion conditions and build procedure transformation.Fifthly,create written trial learned from German criminal penalties procedure and Japan summary procedure,and retain court hearing.Finally,itís feasible to build one-tiered trial system according to legal theory,actual pilot work situation,the successful experience of home and abroad.Hope this thesis can provide certain reference for the pilot work and criminal procedure legiislation in the future.
Keywords/Search Tags:Speedy trial procedure, Minor criminal cases, Right protection, Efficiency
PDF Full Text Request
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