Research Of The Accused's Optional Right Of Procedure

In 1996,the "Criminal Procedure Law of the People's Republic of China" formally stipulated a summary procedure,and the right to be prosecuted person's choice of procedure began to enter the researcher's field of vision,but no more in-depth study and discussion was conducted.As the litigant's main body of litigation and litigation rights gradually gained the attention and protection of the judiciary and the legislature,plus the 22 nd meeting of the Standing Committee of the Twelfth National People's Congress on September 3,2016,The Standing Committee of the National People's Congress authorizes the Supreme People's Court and the Supreme People's Procuratorate to carry out the decision on the trial of the guilty and penal pleas for penalties in criminal cases in certain regions.With the full coverage of the confession and punishment leniency system,the defendant will be criminalized in the future.Litigation will enjoy more participation,so the study of the right to choose the procedure has a profound theoretical and practical significance.The theoretical significance lies in the ability to further implement the principle of presumption of innocence,strengthen the subject status of the defendant,guarantee the litigant's litigation rights,and realize case justice;its practical significance lies in adapting to the future diversity of the criminal justice environment in China and improving judicial efficiency.Conserving judicial resources will help resolve conflicts between the society and the prosecution and defense,and promote restorative justice in practice.In addition to the introduction and conclusion,the article is divided into four parts,a total of more than 30,000 words.In the first part,the connotation,classification and litigation value of the prosecuted person's procedural right of choice are outlined.The article thinks: First,the right to be prosecuted includes the right to move the proceedings,the right to consent to the proceedings,and the right to dissent in the proceedings.The criminal proceedings are more special than the civil lawsuit.The criminal prosecutor does not enjoy the full choice of procedure in the civil litigation parties.Right,but the criminal prosecutor is within the scope permitted by the Criminal Procedure Law,and he should at least have the right to choose whether to actively apply for the procedure,to approve the application of the right of ex officio,or to raise objection in the process of selecting the procedure.Secondly,the right of the prosecuted person to choose the procedure is based on the power limits and the specific rights content.It can be divided into the complete choice of procedure and the right to choose the procedure,as well as the right to choose the litigation procedure and the choice of specific procedural matters.Third,the litigation value of the prosecuted person's procedure selection right lies in guaranteeing the subject position and litigation rights of the person being prosecuted by granting the right of the defendant to choose the procedure;simplifying and streamlining the criminal case to increase the efficiency of the litigation;allowing the prosecuted person to enjoy the choice The right to increase their participation in the case and ensure the fairness of the case.The second part takes the countries outside the country as the reference object,and introduces the relevant situations of the prosecutors' right to choose the procedures in the criminal lawsuits of the Anglo-American law system and the major countries of the civil law system,and conducts a corresponding comparative analysis.The article believes that through the comparison analysis,we can see that the two major legal systems are learning and integrating with each other.It is difficult to distinguish between the two in the specific procedures.Whether it is the civil rights legal system or the adversary of the Anglo-American legal system,It attaches great importance to the litigant's litigation status,and also has a more respectful attitude toward the prosecuted person's right to choose the procedure.This point from the Anglo-American legal system,the prosecuted person's right to choose the procedure includes the person to be prosecuted.Whether the law enforcement agency has searched for the right to consent or not,the right of consent of the defendant when preparing to withdraw the indictment,the right to choose the trial of the jury,the right of choice of the defendant in the plea bargaining procedure,and the German “penalties order” in the civil law system.The prosecutor's right to choose in the procedure,the right of the defendant to sue in the summary procedure in Japan,the right to choose the appeal procedure,and the procedure of the defendant in the five special procedures set forth in the sixth edition of the Italian Criminal Procedure Law.The corresponding conclusions are drawn in the introduction of options.The third part is the investigation of the status quo of the prosecutor's right to choose the procedure in our country.The status quo inspections take the current status of legislation as the background,and analyze the guilty,punishment,and broadening pilots from the angles of the current criminal procedural law and relevant judicial interpretations and the “Detailed Rules for Pleasant,Punishment,and Width System Reform in C City,J City,and D City” as research samples.The defendant's right to choose the procedure in the summary procedure was examined by the defendant's right to choose the procedure,and the defendant's right to choose the right to appeal was also discussed.The article holds that: through the textual analysis of legislation,relevant judicial interpretations,and local implementation rules,there are criminal prosecutions in China where the person in question has only passive consent but has no motion,and the plea bargaining has been prosecuted in the local regulations of the widening system.The scope of the right to choose a person's procedure has not yet been clarified,its voluntary protection is still not perfect,and the lawyer's right to help has not been thoroughly implemented.The reason is that the subject of the litigant's litigation has not been given sufficient attention to lead to a limited choice of procedures for the defendant,the lack of protection of the lawyer's right to help,resulting in the phenomenon of voluntary unwarranted,and even including the reform of the judicial officer system and the judicial accountability system.The negative influence of the judicial personnel on the prosecutor's right to choose the procedure is not clear.The fourth part is the conception of the perfection of the right to choose the prosecuted person in our country.The article maintains that perfecting the right of choice of the person being prosecuted should start with the necessity of its perfection.The improvement of the right of choice of the person being prosecuted is an inevitable requirement for the subject of the litigant to be litigated,and it is also an inevitable trend of the diversification of litigation procedures.Reasonable diversion of cases and effective resolution of the actual needs of many people and fewer contradictions.Secondly,the basic principles for the right to choose a person to be prosecuted should be established,including the principle of effective selection,the principle of limited procedural repentance,and the principle that the right to defense should be preserved.The second is the perfection of the prosecutor's right to choose the procedure during the pretrial and trial stages.The specific measures include the choice of whether the suspect should be given a guilty plea or not,the right to detain alternative measures,and the defendant's objection to the jurisdiction of the case.Right and choice of trial procedures.Finally,the improvement and strengthening of related systems should include the strengthening of the subject position of the defendant,the establishment of a voluntary protection system for the defendant,the improvement of lawyers' right to help,the establishment of relief mechanisms,and the consideration of the fault-tolerance rate of criminal proceedings.