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A Study On The Procedure Of Criminal In China

Posted on:2018-05-24Degree:MasterType:Thesis
Country:ChinaCandidate:S S KeFull Text:PDF
GTID:2346330518477206Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
"More cases,less people" is caused by the rapid development of society to the judicial field.Exploring an efficient and convenient working mechanism is required to solve this problem.Simple procedures cannot meet case handling demand.We need to build a diversified criminal summary procedures.In the field of criminal proceedings,the process of reform to improve efficiency has never stopped.Whether it was a summary procedure in 1996,or a simplified procedure in 2003,or a quick move in 2014,they have played a positive role but did not achieve the desired results.With the rapid advance of judicial reform,the criminal lawsuits launched a pilot on criminal expeditions in 2014.At present,the two-year pilot work on the criminal speed-cutting process has ended.But the pilot has also presented a series of questions on the current criminal speed-cutting process.The current main job is to combine the problem to solve the criminal speed of the program positioning,concepts,procedures,and other basic problems.Taking the case of China’s criminal speed pilot work and combing with China’s existing national conditions,this paper aims to build China’s criminal speed cutting procedures.The construction of criminal procedure in China is beneficial to the realization of procedural justice and the embodiment of the principle of adapting to crime.Thesis discusses the criminal speed process from four aspects including the basic theory of the criminal speed process,the foreign criminal procedure,the necessity of the criminal procedure and the pilot situation,the construction of the criminal procedure.The first part is the basic theory of criminal procedure.Researching questions must be clear about what basic theoretical issues they contain.This section mainly introduces the concept and the value.First,It will define the concept of criminal speed-cutting procedures and compare their relationship with summary procedures and criminal reconciliation procedures.Secondly,it analyzes the value of the existence of criminal speed process.The speed-cutting procedure is consistent with the freedom,order,security and so on,which focuses on the value of balancing justice and efficiency.The second part mainly introduces the foreign advanced speed cutting criminal procedure.The system and program in criminal proceedings have the feasibility of cross-cultural transplant with certain procedure.Therefore,it is necessary to study the practical experience of foreign advanced criminal procedure.Many countries and regions of the criminal summary procedures are worth learning.This section selects the plea bargain in the United States,the simple trial procedure in Italy,and penalties procedure in German.On the basis of clarifying the contents of the foreign speed cutting process,It sums up the common elements which will inspire our country to build a criminal expedition process.The third part focuses on the necessity of constructing the criminal speed-cutting procedure in our country and the existing problems in the criminal procedure after the pilot.The contradiction between people and cases is more and more intensified.The current simple structure is too monotonous.The state of pre-trial detention is not optimistic.Therefore,it is necessary to construct the criminal speed cut procedure in our country.Speed cutting procedures mainly have the following problems:the unclear positioning,the low application rate,the form of the trial process,the insufficient sentencing offer,and the fact that the defendant ’s rights protection is not in place.The fourth part mainly discusses the idea of constructing our criminal procedure.On the basis of clarifying the basic principles of the criminal expedition procedure,the specific contents of the speed cut procedure are put forward according to the actual situation of our country.Constructing Criminal Procedure follows the two principles.First,It insists on justice,highlighting efficiency.Second,it divides reasonably,emphasizing effective coordination.The focus is on clarifying the relationship between the speed of criminal procedure and the ordinary procedure and the current summary procedure.The goal of this paper is to build a multi-level criminal procedure in China.The paper mainly constructs the procedure from the two dimensions of efficiency and justice.The paper mainly deals with the scope of application,the trial simplified,the trial level,the deadline for handling the case,the trial mode,the sentencing preferential,the standard of proof,the protection of the rights of the person being prosecuted.
Keywords/Search Tags:Criminal speed cut, Minor criminal cases, Fair value, Efficiency value
PDF Full Text Request
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