A Study On Criminal Summary Trial Procedure In China

In order to alleviate the pressure of judicial resources(namely,less judicial personnel with more cases),improve the efficiency of litigation,and further balance and coordinate the value of justice and efficiency,China added a summary trial procedure into the Criminal Procedure Law in 1996,which marked the beginning of criminal summary procedure in this country.In 2012,China again modified the Criminal Procedure Law greatly,especially the summary trial procedure,to better adapt to the changing social reality.What should be noted is that although the summary trial procedure in the Law has been further improved,there are still many problems in legislation and application,such as the relatively simple legislation typology,too general applicable conditions,insufficient security provisions for the defendant's related litigation right,and still relatively low application rate and problems-prominent implementation of the trial process and so on.Therefore,on the premise of justice,there is still much room for the criminal summary trial procedure in China to improve and innovate itself on the aspect of higher litigation efficiency and better coordination and balance of justice and efficiency.At the same time,we can see that diversification has become the common feature and development trend of the criminal summary trial procedure in many countries after the investigation and analysis of the criminal summary procedures in the two legal systems.Based on this,the author suggests that China should learn from the advanced idea in the summary trial procedure abroad,construct diversified criminal summary trial procedure after the perfection of the current one,and especially establish guilty penalty procedure and the Chinese lenient punishment system as soon as possible,so as to balance the two value goals :efficiency and justice,the interests of the defendant,the victim and the state,and the two goals of criminal law: to punish the criminals and guarantee human rights.