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The Study On Fast-track Sentencing Procedure For Criminal Cases

Posted on:2018-11-25Degree:MasterType:Thesis
Country:ChinaCandidate:S ChenFull Text:PDF
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Our legislation on criminal speed cutting procedure and to explore the new criminal procedure must be on the premise of the value goal of criminal procedure-justice,attention should be paid to reach the state of the justice and efficiency in equity increasing number of criminal cases in our country at present stage,and the judicial resources of manpower and material resources into while also show increased state but still can't and the speed is proportional to the increase in the number of the case,in order to solve this tricky things,we begin to improve the efficiency of trial,as a way to the summary procedure,hoping to study a new type of summary procedure,suitable for China's national conditions of criminal speed cutting program arises at the historic moment.Based on the theory guidance and demand under the background of judicial practice,the criminal misdemeanor speed cutting across the country court trial procedure how to develop a variety of beneficial attempt.After the criminal speed cutting program began to pilot,we analyze its place pilot results,it is not hard to see through this new type of criminal procedure on the trial efficiency greatly improved,changed the traditional method of trial,made a simplified,the part of the program to a large extent reduce the trial time,due to the efficiency of the settlement as the lack of enough practice for the already judicial resources reasonable allocate,to use to the greatest extent.But at this stage on the legislation in our country is not a legal position to the new procedures and bound to authority is not enough,make its implementation is blocked,therefore,we must first on the legislation to give it a legal identity,let it run uinobstructed to expand its scope of application,make its should have the ffunction of the utility as a new program,second,our time is short pilot,and a lot of problems in the operation process,want to rational design of new type of program,a speed cutting program we want to abroad study,learning the mature experience and advanced system,then its sinicization,second,the problems in the pilot after summarized the concrete solution,complete system to perfect the criminal rate cut program.The main body of the text from five parts of the criminal procedure is discussed.The first part mainly elaborated from the legal connotation,distinguishing criminal quick judging procedure and simple procedure,comparing their similarities and differences,and further that we have a simple procedure why put forward the new formulation of criminal quick judicial procedure in addition,concept,characteristics and application conditions of criminal quick judicial procedure described,preliminary the procedures outlined.The second part analyzes the criminal procedure of the social background and the value of procedure,discusses the necessity of criminal quick judicial procedure from saving litigation costs and judicial resources and protect the legal rights of parties point of view.The third part carries on the theoretical research to the pilot and carries on the analysis in view of the actual operation level of the pilot,carries on the analysis to the present stage pilot effect,finishing the question of the criminal trial procedure.The fourth part gives a brief introduction to the extraterritorial related system,and analyzes how to learn from the experience of the criminal procedure.The fifth part is the positioning system should first clear the criminal quick judging procedure,followed by the description in perfect process should adhere to the principle,finally,aiming at the problems encountered in the pilot program on how to build our country's criminal procedure system description.Efficiency is set up the original goal of criminal speed cutting process,but the ultimate goal of criminal proccedure,as is known to all is fair.But,in fact,justice and efficiency is hard to achieve equity,too the result of the pursuit of the efficiency of the case will be putting the cart before the horse.Want to correct position in criminal speed cutting process,the first priority should be to coordinate the relationship between the two kinds of basic value--justice and efficiency,the value of justice is the first,at any time for the new program for system design to from beginning to end in mind can't sacrifice justice to the pursuit of efficiency.To build our country's criminal speed cutting process is beneficial to relieve the contradiction of "people less"case,improve judicial efficiency,saving judicial resources,protect the lawful rights and interests of the parties,is helpful to implement the policy of tempering justice with mercy situation,complying with the trend of judicial reform,realize the unity of legal effect and social effect.Judicial reality in our country although has been underway for misdemeanor speed cutting trial reform and exploration,but the present situation of the running,put forward aimed at the present stage of the new criminal procedure fair and efficiency contradiction to reach balance state of the problem is put forward,in order to solve this problem effectively,our new program for the pilot,in the process of the pilot,we have achieved good results,but after all is still not mature program,still can find a lot of problems in the process of running.Based on China's current national conditions,based on the analysis of the construction of minor criminal cases speed cutting program,on the basis of the existing system of our country the construction of a minor criminal cases speed cutting process and puts forward some concrete opinions and Suggestions.
Keywords/Search Tags:Fast-Track sentencing procedure for criminal cases, summary procedure justice and efficiency, protection of rights, perfection
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