Font Size: a A A

An Empirical Study On The Quick Handling Mechanism Of Minor Criminal Cases

Posted on:2019-09-10Degree:MasterType:Thesis
Country:ChinaCandidate:B XieFull Text:PDF
GTID:2416330545479499Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In the criminal cases of our country,the cases of misdemeanor crimes,especially those sentenced to fixed-term imprisonment of not more than one year,criminal detention and public surveillance,have a large proportion.With the increasing number of criminal cases and the constant criminal trial power,the contradiction of the case is especially prominent.It is imperative that this work mechanism conforms to the spirit of judicial reform,which is of great practical significance and practical significance.First of all,the quick handling mechanism of minor criminal cases is the need of reasonable allocation of judicial resources.In the case of minor criminal cases,the design of a special rapid-handling procedure is conducive to simplifying the litigation process,reducing the time for handling cases,and devoting more judicial resources to the difficult cases.Secondly,it's designed to increase litigation efficiency and make up for the judicial defects.The summary procedure stipulated by the criminal procedure law focuses on the judicial process,while in the judicial reality,the phenomenon of "hanging up in prison" still happens.The judicial reality urgently needs a new mechanism which is faster than the summary procedure to shunt the cases,to alleviate the situation of the shortage of high-quality judicial professionals at the present stage.Finally,play the role of criminal restorative justice.From the perspective of theoretical research and empirical analysis,this paper elaborates on the specific contents of the quick handling mechanism of minor criminal cases.It is divided into four parts: the first part analyzes the theoretical knowledge of the quick handling mechanism of minor criminal cases,and analyzes the unique value of the procedural value,litigation value and humanistic value in the context of the reform of the litigation system based on trial.The second part elaborates on the Q district people's court at different level for minor criminal cases case mechanism is dealt with quickly.The third part explains that the people's court in Q district has fewer types of cases in the process of practical operation,less defense of the defendant's application for lawyer,unclear stipulation of the conversion between procedures,and the non-higher application rate of non-imprisonment,and analyzes the reasons for these problems.The fourth part puts forward Suggestions from the four aspects of relaxing the scope of application,perfecting the centralized hearing,implementing the legal aid duty lawyer system and perfecting the supporting mechanism,so as to pave the way for the construction of the criminal trial structure of the criminal justice system.
Keywords/Search Tags:A rapid processing mechanism for a minor criminal case, value of procedure, litigation efficiency, criminal reconciliation
PDF Full Text Request
Related items