Font Size: a A A

Investigation And Analysis The Defenses Of Criminal Quick Decision Procedure

Posted on:2018-01-09Degree:MasterType:Thesis
Country:ChinaCandidate:H L XuFull Text:PDF
Abstract/Summary:PDF Full Text Request
National People 's Congress Standing Committee issued "Decision on the pilot work of the Supreme People's Court,the Supreme People's Procuratorate to carry out criminal cases in some areas" on June 27,2014.After the authorization,the Supreme People's Court,the Supreme People's Procuratorate Jointly the Ministry of Public Security,and the Ministry of Justice promulgated "Measures for the pilot work on speed-of-procedure proceedings in criminal cases in some areas" on August 22,2014.The introduction of the two provisions marks that a two-year criminal expedition procedure officially began to implement.The development of speed cutting procedures has aroused widespread concern and sustained hot discussion from the legal profession and the public.After two years of pilot work,criminal speed cutting process achieves certain results,but at the same time also exposes some drawbacks.This paper puts the defense situation of Criminal speed cutting program as the research object,and combines the field investigation and research to study.Because the right of defense relates to the right to know the prosecutor,which is conducive to the realization of procedural justice,and thus achieve the fairness and justice of the case.The criminal speed process benefits the improvement of litigation efficiency,saving judicial resources and litigation costs,but in order to improve the efficiency of the proceedings,the judiciary will inevitably ignore the right of the prosecutor to participate in litigation,especially the prosecution to exercise the right of defense.This paper is divided into three parts: the first part of the criminal expedition process in the important role of defense.The use of the defense in the criminal procedure can maintain the legitimate rights and interests of the person being prosecuted,which is conducive to the realization of the procedure and is conducive to improving the judicialefficiency.The defense has practical significance in the speed cutting process.The second part is the analysis of the status quo of defense in criminal procedure.The author conducts field research on some pilot courts,finds out the problems in the criminal procedure,and analyzes the causes.The third part is to improve the criminal expedition in the process of a number of recommendations.The author puts forward the following suggestions in the light of the problems and causes of field investigation:to expand the scope of legal aid objects;to implement the system of duty lawyers;to effectively link legal aid procedures and criminal speed procedures;to improve the enthusiasm of lawyers to participate in speed cutting procedures...
Keywords/Search Tags:criminal speed process, duty lawyer, defense lawyer, legal aid
PDF Full Text Request
Related items