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Research On Quick Judicial Procedure In China

Posted on:2018-06-22Degree:MasterType:Thesis
Country:ChinaCandidate:C F YangFull Text:PDF
GTID:2416330518951634Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The number of cases rose sharply in the litigation explosion under the background of contradiction less than the case has become increasingly prominent,and there is a "speed" difficult problem in our country at the present summary procedure,in order to deal with these problems,we need to build a new and more simplified procedures to shunt the criminal case.Pilot quick judicial procedure mainly solves some recurrent minor criminal cases,by omitting the court investigation and court debate to improve trial efficiency and save judicial resources,so that more resources are utilized to the complex difficult,serious cases.The establishment of the quick judicial procedure is a judicial system reform in China.It have great significance to perfect the guilty punishment leniency system.This paper attempts to proceed from theoretical and practical perspectives,conducts the research to our country criminal quick judicial procedure in order to provide some opinions for the quick judicial procedure's formal legislation.The quick judicial procedure will be expounded from three aspects.The first chapter is an overview of the quick judicial procedure,mainly introduces the criminal quick judging procedure have quick handling mechanism with minor criminal cases,the relationship between the simple procedure were reviewed to understand the location,introduces the value of the criminal quick judging procedure.The second chapter mainly introduces the present situation and the problems of the quick judging procedure.It is one of the stress emphases in this chapter.From the scope of criminal quick judging procedure,the pilot's operation mechanism,the situation of the court concluded,we can summarize the status of the expected effect of quick judging procedure.We can analyse out the procedure have these defects including relatively narrow scope,low application rate,simplifying procedures,inadequate protection of the rights,the privilege of inadequate protection.The third chapter is the perfection of our specific ideas to expedite procedure,it is also the stress emphases in this chapter.We will establish the "litigation economy" principle.The relationship between the trial center and the simplified trial investigation must be correctly handle.It is a good way to limplement the litigation,trial,execution,linkage mechanism of division among the subjects.We can make conception through simplify the pretrial procedure,perfectly trial procedures to improve China's quick judicial procedure.In improving the trial procedure,I put forward some relevant measures for quick judicial procedure.It is hoped that this paper can provide some suggestions for the legislation of our country's quick judicial procedure.
Keywords/Search Tags:Quick judicial procedure, Punishment order, Program flow, Efficiency
PDF Full Text Request
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