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The Research On Criminal Speedy Trial Procedure

Posted on:2018-11-08Degree:MasterType:Thesis
Country:ChinaCandidate:X Q WuFull Text:PDF
GTID:2346330521451331Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
In recent years,minor criminal cases happened frequently in our country.With producing of the Eighth Criminal Law Amendment and the abolition of the reeducation-through-labor system,a large number of minor violations into the criminal law adjustment.That makes the contradiction of human and case is further intensified and makes the existing simple procedure can not meet the needs of judicial practice.In this context,on August 22,2014,according to the Standing Committee of the National People’s Congress,the Supreme People’s Court,the Supreme People’s Procuratorate in conjunction with the Ministry of Public Security,the Ministry of Justice jointly issued On the Criminal Case in Some Areas of the Pilot Work Approach.The criminal speedy trial procedure officially began piloting in Beijing,Tianjin,Xi’an,Nanjing and other 18 cities.So far,the pilot work of the criminal speedy trial procedure has expired,but has not yet formally incorporated into the legislation,but to incorporate the new practice of pleading guilty and lenient punishment.During the two-year pilot period,the criminal speedy trial procedure has achieved some success.It is of great significance to optimize the allocation of judicial resources and alleviate the contradictions of many people and case.At the same time,in this process,also exposed some problems.So in the next reform process,we should attach great importance to these issues.By improving the relevant implementation details and supporting measures to constantly regulate and improve the criminal speedy trial procedure.In particular,this article based on the basic national conditions of our country,from the theoretical and practical point of view,study the criminal speedy trial procedure,is divided into five parts.The first part discusses the basic theory of the criminal expedition procedure,including the emergence and development of the criminal speed trial procedure,that is,the process ofcontinuous speeding in our country from the infinite to the scope of application,and through comparing the criminal speedy trial procedure and the current summary procedure,in order to clearly locate the criminal speedy trial procedure,in order to achieve criminal speedy trial procedure and simple procedure compatible and use.The second part discusses the theoretical basis and practical significance of criminal procedure.The theoretical basis is mainly discussed from the diversification theory of procedural diversion theory and procedural value.The practical significance lies in the fact that criminal speedy trial procedure is beneficial to solve the contradiction of people and cases,to realize social harmony.And it is conducive to safeguarding human rights and realizing the purpose of punishment.What is more,it can relieve the burden of the place of detention.And it is conducive to the implementation of the criminal policy of temper justice with mercy,which is conducive to advancing the trial-centered litigation system reform.The third part is the comparative analysis of criminal speedy trial procedure and foreign related system.The author chooses the two typical representative countries of the Anglo-American law system and the civil law system.By comparing the criminal speedy trial procedure of our country with the American plea bargaining system and the German criminal quick trial procedure,we learn some mature experiences to perfect our criminal speedy trial procedure.The fourth part is the practical analysis of the criminal procedure.This paper expounds the effectiveness of the criminal speedy trial procedure in the course of the two-year pilot project and combines the author’s research on the X-zone and the L-zone of the X city S province,summarizes some operational situations in the practice of criminal speedy trial procedure and the existence of the pilot process,such as the lack of effective coordination of the three organs of public security,and the lack of effective coordination with the judicial administration,the absence of duty counsel system,sentencing mechanism is not clear,the termination standard of criminalspeedy trial procedure is not clear.The fifth part is the perfect path of criminal procedure.In order to solve the problems existing in the practice of criminal speedy trial procedure,we put forward the corresponding suggestions on perfecting the procedure of criminal procedure in our country,that is,establish the linkage mechanism of the three organs of the public security system,establish the prerequisite mechanism of judicial investigation and evaluation,implement and perfect duty counsel system,perfect sentencing mechanism,standardize the conditions and procedures for the termination of criminal speedy trial procedure.
Keywords/Search Tags:Criminal Speedy Trial Procedure, Plead Guilty and Lenient Punishment, Lawsuit Efficiency, Human Rights Protection
PDF Full Text Request
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