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On The Perfection Of Criminal Rapid Adjudication Procedure In China

Posted on:2019-02-13Degree:MasterType:Thesis
Country:ChinaCandidate:L LiFull Text:PDF
GTID:2346330542997659Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years,the number of criminal cases has been increasing in China,but the judicial resources have not been able to show synchronous growth,especially the lack of judicial power.In order to solve this thorny problem,it is very important to improve the litigation efficiency.On June 27,2014,The Twelfth NPC Standing Committee Meeting passed on "Decision on Authorizing the Supreme People’s Court and the Supreme People’s Procuratorate to Pilot the Quick Procedure of Criminal Cases in Some Areas "(here in after referred to as the decision).That authorized the Supreme People’s Court,the Supreme People’s Procuratorate in 18 cities,including Beijing and Shanghai to carry out the criminal rapid adjudication procedure pilot program.The two-year pilot project is now over,and all regions have achieved great social effects.The litigation efficiency has been greatly improved.Needless to say there also exist some shortcomings.Therefore,this article hopes to summarized the problems of the pilot of criminal rapid adjudication procedure,on the basis of absorbing useful experience of extraterritorial criminal rapid adjudication procedure,so as to put forward specific ideas of perfecting our country’s criminal rapid adjudication procedure.It has important significance to our country’s reform of the judicial practice and criminal lawsuit system.Criminal rapid adjudication procedure is clear for criminal facts and evidence sufficient minor criminal cases,the accused person voluntarily admitted crimes,have no objection to that,to the applicable laws of the people’s court to omit some trial link,the trial quickly the applicable procedures;It is a criminal procedure specially set up to deal with the quick hearing of petty criminal cases.The criminal rapid adjudication procedure has the characteristics of high efficiency,simplicity and application scope.Although criminal rapid adjudication procedure and summary procedure has much in common,but in the scope of application,the notice period,public trial scope,process simplified and trial period have very big different.During the two-year pilot period,the overall operation of the criminal rapid adjudication procedure was good,which greatly improved the litigation efficiency of criminal in China.The courts have actively explored system innovation and gained many references.For example,the "direct to court" trial model created by the Tianjin court and some pilot courts have actively promoted the simplification of the whole process of litigation.Criminal rapid adjudication procedure,while guaranteeing the rights of the parties,plays a role in social correction and promotes social harmony and stability.But there are also considerable flaws in the pilot process.For example,the scope of application is too limited,which limits the litigation efficiency to a certain extent;The protection of litigation rights is not perfect,resulting in the infringement of the rights of the defendant and the victim.The current view,criminal rapid adjudication procedure in the actual operation,at the same time of achieved a certain effect,there is also a narrow scope,litigation rights had shortage,low quality of legal aid,sentencing incentive mechanism problem,single trial mode,the imperfection of the supporting measures,and many other problems.Criminal rapid adjudication procedure is a new thing in our country,but it is more mature in other countries,whether it is a simple procedure of Britain and American plea procedure,or German criminal penalties for procedure and summary procedure of Japan are each has its own characteristics.As the saying goes " Stones from other hills may serve to polish the jade of this one ",in order to make the criminal rapid adjudication procedure to have the maximum effect,our country should be in the comparative analysis of extraterritorial criminal rapid adjudication procedure,on the basis of fully absorbing outside the beneficial experience,consummates our country criminal rapid adjudication procedure.The specific Suggestions are as follows:to expand the scope of criminal rapid adjudication procedure to give full play to the institutional advantages of criminal rapid adjudication procedure;We should improve the protection of litigation rights and ensure that the litigation rights of victims and defendants are not infringed.Improve the on-duty lawyer system,provide legal assistance to the on-duty lawyer to include the scope of compulsory legal aid,and clearly assign the right of reading to the on-duty lawyer,the right to meet and the right to judge and negotiate.Construct the sentencing incentive mechanism and add a written hearing mode.At the same time in the concrete system construction should pay more attention to the interaction of the organization department of political science and law and transformation mechanism of criminal rapid adjudication procedure,each stage of implementation,perfect cohesion,and carries on the effective legal supervision,strive for the maximum saving judicial resources,improve the litigation efficiency.
Keywords/Search Tags:Criminal rapid adjudication procedure, Summary procedure, Protection of rights, Litigation efficiency
PDF Full Text Request
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