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Research Of Criminal Cases Speedy Trail Procedure

Posted on:2018-04-29Degree:MasterType:Thesis
Country:ChinaCandidate:H Y ZhengFull Text:PDF
GTID:2416330512981011Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In recent years,"pickpocketing","drunk driving" and other minor criminal cases have been included by Criminal law,part of people who should be reeducated through labor have been included in the scope of criminal punishment and the "binary punishment" system between administrative penalties and criminal penalties has been shaken.Those minor criminal cases have squeezed into criminal cases,thus the criminal circle expanding.As a consequence,China has blown the horn in the judicial field where the new procedures of minor criminal cases are being explored.On the basis of constantly absorbing the reasonable composition of the "plea bargain" and "criminal punishment order" abroad,the Standing Committee of the National People's Congress has authorized the opening of the "pilot legislation" to the simplification and diversion of the cases.The effectiveness of the pilot two years shows the powerful function of criminal cases speedy trail procedure,which has a long and far-reaching influence on the further improving the criminal procedure system,easing the contradictions of many people,improving the efficiency of criminal proceedings,protecting of the rights of the parties,and thus promoting the construction of a harmonious society.The criminal cases speedy trail procedure is greatly simplified in the procedure,and even skips the important stage of the trial-court investigation and court debate,so that the efficiency of criminal proceedings has been deeply improved.But that must be carried out fairly to ensure the long-term stability in the long run.As far as the practical exploration is concerned,the criminal cases speedy trail procedure has its own necessity and feasibility.It is the further simplification of the criminal summary procedure,has its legitimacy foundation,and must balance fairness and efficiency in the running process.In this paper,after carefully consideration,the author has sorted out the criminal cases speedy trail procedure legitimacy with analysis method.Because the foreign countries do not have the same procedure,I need to use similar criminal experience,summarize procedures from major countries and regions all over the world by induction and analysis,make a comparison to increase the authority of the argument,constantly focus on the criminal cases speedy trail procedure of the pilot process of running the pilot and study of the criminal cases speedy trail procedure of the pilot program with real examples.In the pilot two years,many urgent problems have appeared.There is no strong national legislation to support,no perfect right protection mechanism,no sound system and so on.On the basis of that,I put forward various scientific and reasonable suggestions as many as possible in order to benefit the future criminal cases speedy trail procedure and ensure the healthy operation of the implementation process.The author of this article will be divided into five parts,the first chapter is the introduction part,the author elaborated the source of this topic and research significance,access to information for literature review,and the overall evaluation of these reviews,refined the research ideas and methods,summed up the purpose of this study and innovation.The second chapter is based on the legitimacy of China 's criminal cases speedy trail procedure.This chapter is the theoretical root of the criminal procedure,the first part is about the necessity and feasibility of its exploration,from the reality of the plight of many judicial personnel,the need of the criminal procedure law,and the short process of the long history of the international community for minor criminal cases provides a precedent for our criminal procedures in China,a minor criminal cases speedy trail system and a criminal cases speedy trail procedure to explore and implement the system of plead guilty and the formation of the soft environment that respects the procedure is the basis of the feasibility of the present criminal procedure.Secondly,the author points out the characteristics of the criminal procedure in this paper,and explores its characteristics.It is based on the protection of human rights and the consultation procedure as the core to improve the efficiency of criminal litigation.In the third section,the author analyzes the theoretical support system of the current criminal procedure,the value theory of legal philosophy,the theory of litigation efficiency,the theory of human rule of law and the theory of due process.In the third chapter,we write an empirical study of the criminal cases speedy trail procedure and the analysis of the existing problems.The author analyzes the specific achievements of the criminal procedure in China by the data of the Supreme Court pilot,which shows its advantages over the summary procedure and highlights the strong The value of the function,and the specific problems of the existence of an in-depth analysis,pointing out that the lack of strong legislative support,the defendant's rights are vulnerable,the auxiliary system such as the public,the seizure,the law,the division of the four departments of the external cohesion mechanism and the internal mechanism is missing or not sound,etc.,these are the speed of the program constraints..In the fourth chapter,Comparison of criminal procedures in major countries.The author divides the pattern of minor criminal cases around the world into three categories: the simple trial model represented by the Italian state,the consensual pattern represented by the plea bargaining and the ellipsis model represented by the criminal penalty order.In these three models,we compare the procedures applicable to minor criminal cases in countries and regions around the world,and summarize their commonalities and development trends: first,the diversification and enlargement of summary procedures are obvious;second,the simple procedures guarantee human rights;Third,the summary of the defendant in a reasonable psychological expectations to obtain a certain amount of sentencing discount;Fourth,Simplification of procedures is the basis of criminal cases speedy trail procedure.In the fifth chapter,construction of criminal cases speedy trail procedure system.This chapter is based on the existence of the third chapter of the proposed reasonable recommendations.The first section clarifies the guiding principle of the criminal cases speedy trail procedure in our country,and insists on the principle of scientific allocation,the principle of fairness and efficiency.Section II of the criminal cases speedy trail procedure of the program design.In the program design,to expand the scope of application of the case,adjust its conditions and start conditions,optimize the form of trial organization.Section III protects the defendant's procedural option,knowledge,defense and relief.The fourth section to establish a reasonable mechanism to support and Optimize departmental convergence mechanism,establish and improve the internal mechanism,to establish a plea bargaining mechanism,establish evidence disclosure and guidance system,the implementation of confession leniency system,improve the legal aid duty lawyer system.
Keywords/Search Tags:Criminal cases speedy trail procedure, Program diversion, Fairness, Efficiency, Human Rights Protection
PDF Full Text Request
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