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On The Construction And Perfection Of The Speedy Procedure In Minor Criminal Cases

Posted on:2019-02-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y J ZhouFull Text:PDF
GTID:2346330542486162Subject:Law
Abstract/Summary:PDF Full Text Request
At present,our country is in the midst of the economic structure adjustment and contradiction dispute happens,criminal season.Further promote the criminal cases and simplified shunt,optimize the distribution of judicial resource,is the urgent need of the current judicial practice,and look forward to better satisfy the masses of the people to the judicial justice is the necessary requirement.Establish criminal cases speed cutting program,is conducive to timely punish crime,maintaining social order,promote social harmony and stability;Is advantageous to the optimize allocation of judicial resources,solve the contradictions of judicial practice case people less;Is conducive to the implementation and punish the tempering justice with mercy and the criminal policy of combining education,education and correcting an offender.The requirements in order to implement the reform of the judicial system,perfect the criminal case rapid conduction mechanism,in June 2014,the standing committee of the National People's Congress decided that the supreme people's court,the supreme people's procuratorate in some areas to carry out the criminal rate cut pilot program.Two years after the expiry of the time limit of pilot,criminal speed cutting process as the standing committee of the National People's Congress authorized the "The Supreme People's Court and The Supreme People's Procuratorate " in some areas to carry out the criminal cases pleaded guilty to forfeit their part of the pilot from the system,continue to carry out pilot in the original pilot cities.Criminal cases speed cutting pilot program,is the standing committee of the National People's Congress passed legislation form,the first authorized matters related to the judicial reform in China.Through two years of pilot,speed cutting process,speed up the action,is generally recognized in society,the effect significantly.But in legislation,defendant,consultation,trial method,etc.,but also exposed some problems.Consummates our country minor criminal cases speed cutting program,you must adhere to the \ "trial centered\",set up the mechanism of rapid shunt,strengthen to the rights of criminal suspects or defendants.The author through to the two years to summarize and reflect on the situation of the pilot run,and draw lessons from Anglo-American law system and continental law system country in minor criminal cases fast processing mechanism on successful experiences of pilot implementation of current system of greater pleaded guilty to a criminal case forfeit their background,the perfection of criminal cases speed cutting program put forward some construction ideas,in order to help criminal speed cutting process in the future legislation.This paper mainly discusses the improvement of the speed cutting procedure of theminor criminal cases from the following four aspects:The first part,this paper discusses the basic theory of minor criminal cases speed cutting process,from the definition of criminal cases speed cutting program and compared with the related concepts,speed cutting process has the characteristics of the criminal case,to build a criminal case speed cutting application value of three aspects,to illustrate the necessity of the criminal rate cut program.The second part,the minor criminal cases in China is pilot run speed cutting program analysis,confirmed the cash in improving the efficiency of litigation,criminal policy of combining,improve criminal lawsuit system,improving the judicial credibility and has made remarkable achievement,at the same time points out the existence of case scope too narrow,program transformation condition is unknown,accused person still have insufficient protection of the rights,non-confinement penalty suitable proportion is not high,the case proved useful standard to reduce,the prosecutor in court is not big problems,such as need to work in the future and the perfect system,practice base for mechanism perfect.The third part,the different law system of typical countries with respect to its minor criminal cases of rapid processing mechanism of institutions and introduces the operation mode,through analyzing and comparing with the relevant regulations in China and puts forward thinking on its applicable in China,for the perfection of the criminal case speed cutting program provides the beneficial reference.The fourth part,in our country to carry out the minor criminal cases speed cutting program based on trial practice,put forward to improve the procedures of minor criminal cases speed cutting mechanism is a overall,system,a complex project,which needs to locate at the right speed and cutting process and establish the speed cutting program concept,specific procedures applicable standard three aspects as the top-level design,to properly enlarge the case scope when system design,cancel the limitation on the case scope of application is not reasonable,perfect the program transformation system,increase the defendant option,strengthening the victim guilty plea to participate,to set up the program,simplified or omitted related litigation,perfecting the relevant guarantee measures.In addition,it can be used for reference to the German penalty order procedure and the way of written procedure of the Japanese procedure.
Keywords/Search Tags:speedy trial procedure, pleaded guilty to forfeit, minor criminal cases
PDF Full Text Request
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