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Research On Criminal Cases Speedy Trial Procedure In China

Posted on:2018-11-13Degree:MasterType:Thesis
Country:ChinaCandidate:X X ChenFull Text:PDF
GTID:2346330536480804Subject:Law
Abstract/Summary:PDF Full Text Request
After two years’ exploration and practice of the criminal cases speedy trial procedure,the value in optimizing allocation of judicial resources play gradually highlight,and this pilot work accumulated valuable experience to solve the current situation of China’s judicial case.But the program specification is not clear and not scientific,that need to be further improved.In this paper,the criminal speedy trial procedure related basic theory as the premise,in view of our country’s criminal summary procedure and the trial centered litigation system reform,analyze the relationship between speedy trial procedure and criminal summary procedure,the criminal cases speedy trial procedure and the trial centered litigation system reform.In the same time,we should draw experience from abroad procedure,survey shortcoming of our country’s criminal cases speedy trail procedure.Finally on the basis of the research,we improve suggestions for the program itself as well as its supporting measures,and provide a certain reference proposals for legislature in amending criminal cases speedy trial procedure scientifically and reasonably.This paper contains more than two thousand words,in which mainly illustrates four parts.The first part analyzes the background and theoretical basis of the criminal cases speedy trial procedure and explain the necessity and legitimacy of the criminal procedure.The second part,according to the statistical data on the experimental work of the National People’s Congress Standing Committee,the paper introduces the general situation of China’s criminal cases speedy trial procedure,the positive results and problems.The third part,this paper investigates three patterns of abroad simple procedure which are the Italy plea bargaining system,the German punishment order procedure and British magistrates’ court,and through comparison to discover lessons for the criminal cases speedy trial procedure in our county.The fourth part is to put forward several improving comments for the criminal cases speedy trial procedure on the basis of analyzing problems in pilot work.The first is to definite the legal position and clear the scope of the cases between the summary procedure;The second is to improve the criminal cases speedy trial procedure.The third is the construction and improvement of relevant supporting measures of criminal cases speedy trial procedure further.
Keywords/Search Tags:the criminal cases speedy trial procedure, the criminal summary procedure, separation of simple from complicated, judicial resources
PDF Full Text Request
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