Empirical Research On Criminal Summary Procedure Application Conditions

Criminal summary procedure is a simplification of original summary procedure mode. Criminal summary procedure can improve the effectiveness and efficient of litigation and guarantee the value of justice.Nowadays, the increase of crime rate result the increasing number of criminal case. However, the judicial resources provided by the government is limited. Criminal summary procedure would be more important especially considering the conflict between large number of criminal cases and limited judicial resources. Meanwhile, in order to guarantee the value of justice it is necessary to set strict access thresholds of criminal summary procedure which are the conditions of criminal summary procedure.The subject investigated in this article, therefore, is criminal summary procedure. The aim is to discuss how to improve the conditions of criminal summary procedure based on the practical cases.The structure of this article consist of three parts which are abstract, main body and conclusion. The main body includes three sections:The first section argues the principle of the condition of criminal summary procedure and analysis the conditions of current criminal summary procedure. The opinions on the criminal summary procedures are divided, but the author believe that it simplifies the procedures of original summary procedure mode. Therefore, the conditions of criminal summary procedure in this article should be understood as the scope or standard of criminal summary procedure.analysis the conditions of current criminal summary procedure. Based on the explanation of law and judicature, this article will classify the conditions of criminal summary procedure into positive condition and negative condition. The former one includes punishment condition, conditions of evidence, conditions of pleading guilty and conditions of defendant's consent of summary procedure. The negative condition contains capacity for action condition, accomplice pleading guilty condition, social influence condition, supplemental condition and miscellaneous provisions.The second section discuss the problems that can be encountered when criminal summary procedure being applied into practical cases. According to the data from the Court of Y County and Court of S District other relevant documents, the problems of criminal summary procedure include: Firstly,there is no penalty broad and gradient conditions,so it can not reach all models diversion program purpose. Secondly, the review of evidence is not strict enough so that the procedure could be denied or changed. Thirdly, since the accused person may be lack of legal knowledge or experience of litigation, the voluntary of pleading guilty can hardly be guaranteed. Fourthly, it cannot guarantee the accused person's voluntary of consent of summary procedure thanks to the lack of sentencing discount. Fifthly, lacking of review procedure to negative condition of application of criminal summary procedure can not guarantee the accused person's basic procedure right.The last section points out the suggestion in how to perfect the criminal summary procedures. This part focus on the practical problem pointed out in the previous section, offer a proposal to improve lawmaking. Firstly, set up gradient penalty condition. Secondly, establish strict procedures of evidence review to ensure the case has clear facts and sufficient evidence. Thirdly, perfect the procedure of pleading guilty, ensure the accused person to plead guilty under the circumstance where the accused person knows the legal meaning and legal consequence of criminal summary procedure and agree the explanation of criminal summary procedure. Fourthly,Giving the accused the right to choose trial program, confirming the dominant position of the defendant in a criminal trial, so as to better protect their rights.Fifthly,improving the review procedure to negative condition which can perfect the review procedure of application summary procedure conditions.Then, it is necessary to identify the dominant role in criminal justice and protect his or her various human rights. Furthermore, it is reasonable to perfect the supporting measures including transferring the decide right of application summary procedure from trial judge to filing Judge, increasing the involvement of lawyer, establishing sentence discount to encourage accused person to use criminal summary procedure.