An Empirical Study On The Problems Of Prosecutor's Appearance In The Summary Procedure

The people's procuratorate as charges organ in the case of public prosecution,the public prosecutor in court to support the prosecution should be one of their responsibilities,but,the summary procedure of our country has experienced by the public prosecutor may not appear in court to the public prosecutor must appear in court.In the summary procedure,whether the public prosecutor needs to appear in the academic and practical circles has been controversial,but there is no consensus.In order to cope with the provisions of the public prosecutor in court in the summary procedure,ensure that the working mechanism can be successfully implemented in practice,procuratorial organs to the exploration of different mode of the public prosecutor in court.These explorations have achieved certain results,but with the advance of practice,its drawbacks are constantly exposed,and even some aspects of alienation,the legislative intents of the prosecutor in court failed to achieve.In order to understand the present situation of the prosecutor in the summary procedure,and find the problems,the author makes an empirical study on the summary procedure of the prosecutor in court.In addition to the introduction,this article is divided into three parts,the full text of a total of thirty-two thousand words.The first part studies the changes of the prosecutor in court.Including why 1996 Criminal Procedure Law to make the public prosecutor may not appear in court,why the Criminal Procedure Law do eventually established the rules of the prosecutors need to appear in court again,and briefly summarizes the problems of the prosecutor in court in judicial practice.The second part studies the practice status and causes of the summary procedure of the prosecutor in court.First,there is a waste of judicial resources suspect for the prosecutor all to appear in court in the summary procedure.The second is the prosecutor in court exists different mode of appearance inpractice,the confusion of the court model caused some alienation in practice.Such as the promoter concentrated trial model easy to cause some cases of litigation delay,full court prosecutor in court mode influence the optimal allocation of judicial resources;Third,the public prosecutor in court weighs conviction sentencing issues.The prosecutor in court is spent still more time in the conviction,for the more important sentencing is not paying attention,is a have the order reversed phenomenon;Four,Lawyer defense rate is low,the prosecutor in court could exacerbate defendant imbalances.The third part studies the solution to the summary procedure of the prosecutor in court.To real play to the effect of the public prosecutor in court in the summary procedure,ensure the realization of the value of the public prosecutor in court,must suit the remedy to the case,aiming at the problem of influence the public prosecutor in court summary function of feasible countermeasures are put forward.From the summary of the trial,we must establish a simplified different trial procedure.The public prosecutor is not necessary to appear in court cases,establish the principle of the public prosecutor may not appear in court;For the public prosecutor in court cases,the construction of sentencing based trial procedure.To realize the value of the public prosecutor in court,at the same time,ensure the trial implementation of the essence.For the prosecutor how to appear in court the summary procedure,should establish a unified pattern of the public prosecutor in court.Establish the mixed mode of the rotating prosecutors and promoter,ensure efficiency,at the same time,maximize the realization of judicial justice.In terms of the protecting the defendant's right,to introduce the appointed defense to summary procedure,Strengthen the defendant's right to defense,ensure that the defendant balance.