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Research On The Fast-track Sentencing Procedure Of Criminal Cases

Posted on:2018-02-26Degree:MasterType:Thesis
Country:ChinaCandidate:L R LiFull Text:PDF
GTID:2346330536480695Subject:Science of Law
Abstract/Summary:PDF Full Text Request
In June 2014,the pilot work of fast-track sentencing procedure of criminal cases launched officially.Until June 30 th,2016,more than 200 grassroots courts were selected to take the pilot work,about 50,000 cases were concluded by the fast-track sentencing procedure of criminal cases.During this period,the process of handling the case is simplified,the litigation period is shortened,and several handling patterns which are suitable for local conditions were put forward.It provides a useful reference for the comprehensive promotion.However,some problems cannot be ignored,such as the proportion of the fast-track sentencing procedure of the criminal case is inconsistent in different provinces,the right of defense and other rights of the person to be prosecuted are difficult to be effectively protected.These problems which were found in the practice reflect the deficiency hid in the fast-track sentencing procedure of the criminal case in all aspects,and also indicate the direction of improvement.In this paper,combined with the theory of law,national policy,the results of practice,etc.,we start our study on the fast-track sentencing procedure of the criminal case.This article is divided into five parts:The first chapter gives the definition of the fast-track sentencing procedure in the criminal cases,combs other similar procedures and clarifies the relationship between it and other similar procedures,and paves the way for the following analysis.The second chapter analyzes the theoretical and practice background of the birth of the fast-track sentencing procedure of criminal cases.The theoretical level includes the fair and efficient value of the litigation procedure,and the path to resolve conflicts between them.Besides,it points out that the respondent has the right to accept the trial promptly and avoid the delay of the litigation.In the practical level,it is related to the huge number of criminal cases,the poor effect of the Simple Procedure,the absent procedures to process misdemeanor cases and the distributional requirement in the trial stage.The third chapter briefly introduces the Plea Bargaining and the Punishment Order Procedure,and then makes a comparative analysis among the fast-track sentencing procedure of the criminal case,the Plea Bargaining and the Punishment Order Procedure from the four aspects of the prosecution party,the lawyer’s help party,the trial party and the right remedy,to find out methods which we can know how to use stones from other hills to polish our own jade.The fourth chapter points out some deficiencies existed in the pilot process.The first is its unclear relationship with the Simple Procedure and the Ordinary Procedure;the second is the lower defense ratio and effectiveness;the third is that the incentive function of the fast-track sentencing procedure of criminal cases is not obvious;the forth is the scope of the applicable case is relatively narrow,the application rate is not high;the fifth is the high rate of detention of the accused;the sixth is the sentencing negotiation mechanism is not complete;the seventh is the procedure conversion mechanism is not complete.The fifth chapter propose suggestions for further refinement of the fast-track sentencing procedures of criminal cases.The first is to ensure that the trial as the center of the whole procedure;the second is to clarify the relationship with the Simple Procedure and the Ordinary Procedure,then clear its functional orientation;the third is to give the respondent a procedural option;the fourth is to improve the lawyer intervention system;the fifth is to refine the sentencing consultation mechanism;the sixth is to clear the sentencing concessions can be given to the defendant;the seventh is to expand the applicable scope of the fast-track sentencing procedure in the criminal case;the eighth is to retain the defendant’s right of appeal.
Keywords/Search Tags:the fast-track sentencing procedure of criminal cases, right to speedy trial, orientation of function, sentencing discount, right of appeal
PDF Full Text Request
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