Empirical Study On The Defendant Appeal Cases Of The Criminal Summary Procedure

The purpose of setting up criminal summary procedure is to improve the efficiency of litigation and realize the optimal allocation of resources.Appeal system as a remedy mechanism,its main purpose is to correct the error and supervision.And there are a large number of summary procedures in the defendant appeal case,and the appeal of the main cases are only not satisfied with the sentencing.Then why so many first instance has pleaded guilty to appeal? In the second instance,the phenomenon of withdrawing the appeal of such cases is serious,even if the The trial rate is high,the function of the second instance is not sufficient,or even a waste of judicial resources.What is the cause of these problems in the second instance? With these two questions,I studies the whole summary procedure,finds the reason of the problem through the empirical and the theoretical analysis.We will reform the specific problems and causes,in order to reduce the appeal rate,ensure the optimal allocation of the second instance resources,and improve the efficiency of the summary procedure of litigation.In addition to the introduction,the body is divided into three parts,about 30000 words.The first part is the summary and analysis of the problems in the defendant appeal cases of the Criminal Summary Procedure.Through an Empirical Study on the C and G Intermediate People's Court,we found that the defendant appeal rate of the Criminal Summary Procedure is relatively high,resulting in a large number of cases,which is not conducive to the improvement of the efficiency of summary proceedings.This problem will also take up a lot of judicial resources.The trial rate of such cases in the second instance is high,but the second trial function is very limited.The withdrawal rate in the second instance of such cases is quite high,particularly before opening the court session,this may be the waste of judicial resources.By observing appeals,there are a large number of cases which dissatisfied with the sentencing.On the whole,the appeal of the summary procedure cases not only makes the Summary Procedure not efficient and the second instance does not realize the function,it is also not conducive to the optimal allocation of the second instance resources.The second part is an analysis of the reasons.Through the empirical study and the theory of the Summary Procedure,including its first instance and second instance,I summed up the four main causes of the problem: Firstly,because of the unlimited provisions of appeals in China,there are a large number of "technical appeals",resulting the defendant's appeal rate is high in the Summary Procedure.Secondly,the court's evaluation mechanism of high trial rate is unreasonable,which led to the function of the second instance are limited and serious withdrawn phenomenon.Thirdly,the first instance of the Summary Procedure does not protect the rights of defendant effectively.The defendant's procedural option is not adequately protected without the lawyer's defense.The formalization of sentencing procedures leads to the fact that the defendant can not effectively participate in the sentencing procedure.Owing to this the defendant can not make an accurate expectation of sentencing.Fourthly,the prosecution sentencing recommendations and the instrument of the sentencing in the judgments are relatively simple,resulting that the defendant can not accept sentencing results.The third part is the exploration of the path of reform.First of all,we should limit the the defendants' right of appeal in the criminal summary procedure.We can set up a review process and study the practice of other countries.According to this reform,the appeal rate will be lower and improve the efficiency of litigation.The second is to establish a reasonable assessment mechanism for the court of second instance,.we should dilute the index of the trial rate and set a narrow standard of trial cases to achieve the optimal allocation of second instance resources The third is to establish a sound legal aid and duty counsel system and a substantive sentencing procedure,so as to strengthen the protection of the rights in first instance.This also can make the defendants clearly understand the influence and content of the summary procedure and sentencing procedure.In the end,the defendants will produce an accurate expectations about their own sentencing,and reduce the rate of appeal.The fourth is to strengthen the clarity of sentencing recommendations and the instrument of the sentencing in the judgments,making the defendant more likely to accept the results of the referee.Through a series of reform measures,the rate of appeal will decrease,the defendant's rights and interests are well protected,the criminal summary procedure will achieve the real efficient aim and ensure the optimal allocation of the second instance resources.