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Trial Centered In The Contex Of Criminial Speed Cutting Application Research

Posted on:2018-01-04Degree:MasterType:Thesis
Country:ChinaCandidate:M FengFull Text:PDF
GTID:2346330542958206Subject:Law
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Justice and Efficiency are always the goal and value which the criminal justice system of each country in the world is pursuing to reach.The occurrence of criminal cases in China is constantly climbing for the past few years,but the judicial resources left to the criminal cases is shrinking as civil and commercial cases have been taking up a plenty of judicial resources in the courts,especially due to the establishment of the registration system of case docketing.However,a great effort is contributed to exploration in the practical criminal procedures in China so as to improve efficiency and protect rights and interests,which is aiming at case separation and optimization of judicial resources.The criminal accelerated ruling procedure is constructed based on its theory and practices in China.The pilot implementation began in the year of 2014.It is proved that the criminal accelerated ruling procedure is greatly capable to improve efficiency and reduce costs in legal action,that the workload upon the justice system reduced,and that the resources optimized.The accelerated procedure is simplified as well as focusing on human right protection,upholding the criminal policy on balancing leniency and rigidity,and preventing crimes with penalty.Therefore,it will ensure the success in the trial-focused reform of criminal procedures.Part one is the introduction to the trial-focused criminal accelerated ruling procedure.It introduces the basic theory on the procedure from such aspects as concept,characteristics and significance,mainly represents its historical development course in China,notes that we are hindered with a serious shortage of justice resources as a result of a surge in criminal action,and carries out comparative analysis between the criminal accelerated ruling procedure and the summary procedure to figure out their common ground and difference.To the end,it elaborates dialectically how trial focus is related to the criminal accelerated ruling procedure combined with the requirements about the trial-focused reform of criminal procedures and concludes that the establishment of criminal accelerated ruling procedure is in line with the trend.Part two is about foreign experiences and lessons used as reference for the criminal accelerated ruling procedure.The author introduces the quick processing procedure stated among the criminal procedures in common-law countries and civil-law countries to process minor crimes,such as Plea Bargaining in USA and Penalty Order procedure in Germany.They are commonly applicable to the minor crimes,in which the defendant has admitted his guilt and furthermore,the facts of the case are well-founded and the evidence is indeed sufficient.Based on the experiences from foreign criminal summary procedures,and analysis on how their quick processing procedures for minor crimes are adapted to our procedures in range,mode of court trial and protection towards the rights of the defendant,the author's idea is that although the judicial circles in the world have more and more close connection,the gap between the two legal systems is still wipe,so it is not possible for us copy them indiscriminately.However,in light of fairness,justice and efficiency as we are pursuing in our criminal judicial system,we are supposed to uphold the attitude of criticism and succession and adapt the essence of their experiences to our criminal accelerated ruling procedure so as to explore a Chinese-characteristics criminal accelerated procedure accord with national conditions.Part three is about the observations over the pilot implementation of the criminal accelerated ruling procedure.It introduces the representative cases in Haidian District,Beijing City and Yuexiu District,Guangzhou City where the pilot implementation is conducted,including what they have achieved and responses to questions.The thesis presents global data and examples to argue that once the criminal accelerated procedure is implemented on national level,it is valuable and significant for simplification,time reduction,saving resources and human right protection in cases handling.Meanwhile,the pilot implementation has triggered some defects,such as hash start-up conditions,narrow applicability,disappointed application rate,high detention rate,incompact sentencing norm,trial formalization and insufficient protection over the rights of the defendant.The thesis has made analysis on these problems mentioned above.It is concluded in the end that the criminal accelerated ruling procedure is a great move in the judicial reform.After three-year pilot implementation,the procedure has made major breakthrough in Pilot Legislation.However,risk and challenge are always the obstacles against the development of every new thing but we should conquer and overcome them.We are members of judicial personnel and also part of the promoting force for judicial reform,so we should simplify the procedures without prejudice to power,uphold trial-focus orientation,actively explore the fair,efficient,authoritative criminal accelerated ruling procedure and constantly improve the multilevel,diversified criminal litigation system so that the criminal litigation system is more and more suitable for the development of social economy and meeting the public' s expectations for the judicial system.
Keywords/Search Tags:Trial Focus, Criminal Accelerated Ruling Procedure, Improve
PDF Full Text Request
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