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Research On The Speedy Proceeding Of Criminal Cases In China

Posted on:2018-11-11Degree:MasterType:Thesis
Country:ChinaCandidate:N ZhangFull Text:PDF
GTID:2346330518976524Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The speedy proceeding of criminal cases is a trial procedure independent of the ordinary procedure and summary procedure,which aims to improve the efficiency of litigation,optimize the allocation of judicial resources and guarantee the rights of the accused.Litigation economic value,judicial lightening,typified justice and rights justice provided the theory of value for the procedure;plead guilty plea,the abolition of the system of reeducation through labor,and the success of the civil small speed process provided the experience for reference.Through the empirical analysis,the speedy proceeding of criminal cases is not effective,the distribution of cases is centralized,the lawyers on duty are not in place,and the right of appeal is controversial.The construction of the speedy proceeding of criminal cases should be combined with the plea of guilty plea,expanding the type of case and the applicable crowd,and cancelling the unreasonable prohibition.It shall increase the right of motion of the public security organ and the accused,restrict the conversion right of the court procedure,givie the defendant a certain right of procedure conversion,strengthen the supervisory function of the procuratorial organ,and improve the procedure of starting and converting the procedure.it should establish a high-quality lawyer team and develop a comprehensive legal lawyer system.it should simplify the criminal trial process,aim to build a "wisdom of the court" information platform,to explore the "punishment order",to improve "investigation and evaluation" of the judicial administrative organs,and to introduced the introduction of "limited appeal Right ".Finally,to effectively improve the efficiency of criminal trials.
Keywords/Search Tags:Speedy proceeding of criminal cases, plead guilty plea, the lawyers on duty, punishment order procedure
PDF Full Text Request
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