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Research On The Criminal Procedure Of Rapid Decision

Posted on:2018-10-06Degree:MasterType:Thesis
Country:ChinaCandidate:J H SunFull Text:PDF
GTID:2416330512988484Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Justice and efficiency is the pursuit of the two values of the Criminal Procedure Law,to seek the balance between the two is our ultimate goal.The emergence of the speed of the program greatly enriched the pattern of our proceedings,to build a diversified system of litigation procedures,so that the criminal proceedings to do a simple diversion,the rational allocation of judicial resources.China is still in the final stage of the speed cutting process,two years of pilot work has ended,in the course of work,the legal norms of imperfections have gradually emerged,how to speed cutting procedures in the judicial system reform play a vanguard role,the real Alleviate the situation in China more than a few embarrassing situation,is still the legal person in the next period of research focus.The basic idea of this paper is to ensure the fairness of the case,the maximum degree of simplified speed cutting procedures to make it more applied,more efficient.The article uses the comparative research,the empirical research and the interdisciplinary research and so on,and analyzes the criminal speed procedure.First of all,the article explores the basic problems defined in the concept of criminal speed-cutting procedure,and demonstrates the feasibility and necessity of further implementation of the speed-cutting procedure in China.It is the inevitable requirement of implementing the situation policy of temper justice with mercy and improving judicial efficiency At the same time,also pay attention to human rights protection.Secondly,the article introduces the relevant legal provisions outside the domain,as a good practice for the construction of criminal speed cutting procedures in China.Thirdly,the article summarizes the problems existing in the criminal procedure of our country,including the limitation of the application scope,the single form of the trial form,the simplification of the standard of the referee document and the highlight of the criminal suspect,the defendant from the procedural option,the right to know and obtain Lawyers help these areas lack the protection of the phenomenon.Finally,in view of the specific problems of criminal expedition process,thearticle puts forward the following suggestions.First,to further liberalize the scope of the application of the speed limit program to enhance the practicality of speed cutting procedures;second,improve the criminal speed of the operation of the program,to achieve a wide range of trial;third,non-custodial mandatory.The priority of the measures to further solve the problem of extended detention and imprisonment of the sentence,but also to speed the process more in line with the "crime and punishment" consistent requirements;Fourth,the referee to simplify the standard;Fifth,pay attention to the human rights of criminal suspects problem.With the deepening of judicial reform,the further development of the system of pleading guilty plea also requires the speed of the procedure to carry out the system.Therefore,the speed of the process of improvement and reform is even more urgent,look forward to the future legislative activities,to make more mature and systematic provisions,so that China's criminal proceedings more perfect.I also hope that the speed of the process of reform on the road,contribute to their own modest strength.
Keywords/Search Tags:Criminal Law, Criminal Procedure of Rapid Decision, Fairness, Efficiency
PDF Full Text Request
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