Font Size: a A A

The Study Of Fast-track Sentencing Procedure Of Criminal Cases

Posted on:2019-08-10Degree:MasterType:Thesis
Country:ChinaCandidate:H D LiangFull Text:PDF
GTID:2416330548471681Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
With the number of criminal cases in China increasing year by year,the relatively single proceeding of criminal cases can't resolve a large number of litigation disputes,resulting in a lot of criminal cases being backlogged in the judicial system.In order to ease the pressure of handling cases in the judicial offices and promote the rational allocation of judicial resources,the division of complicated and simple cases must be enforced.In this context,China launched the 2-year pilot work of quick criminal judging procedure in 2014.After the end of the pilot work,a series of urgent problems have been summed up.Since then,the released measures on Implementing the Pilot Work of Leniency to Those who Confess Their Crimes and Take Punishment in Some Areas has made clear the pilot work of quick criminal judging procedure in the former pilot cities,of which the Article 16 clearly expands the scope of application of quick criminal judging procedure from precious specific criminal cases of one-year imprisonment or less to criminal cases less than three-year imprisonment in which defendants confess their crimes and take punishment.Because the scope of application of quick criminal judging procedure expands and the number of cases applicable to quick criminal judging procedure increases,the efficiency of judiciary authorities has been greatly improved with significant social effects,but the existing problems can't be underestimated.including as follows:initiation problem of subject scope of quick criminal judging procedure,incompleteness of the accused's transformation right of speedy trial procedures,lack of supervision of adjudication organ's transformation right,inappropriate hearing procedure and method,ambiguity in interested party's rights and obligations of quick criminal judging procedure,incompleteness of related remedy procedure of quick criminal judging procedure,and imperfect accuse-defense negotiation mechanism,etc.The author expounds the general legal principle of quick criminal judging procedure with the normative research,comparative study,and empirical analysis method,analyzes the extraterritorial quick criminal judging procedure through comparison to accumulate experience from them,and current situation of quick criminal judging procedure and existing main problems,and finally puts forward the countermeasures for completing quick criminal judging procedure in China.The paper is mainly composed of the following four parts:Part ?:general legal principle of quick criminal judging procedure?This part introduces the meaning and characteristics of quick criminal judging procedure,analyses quick criminal judging procedure and related concepts,clarifies the relationship with related concepts,explains the litigation economy principle as the theoretical basis of quick criminal judging procedure,litigation agreement theory,and procedure subject theory,and finally analyses the justice and efficiency value of quick criminal judging procedure.Part ?:Extraterritorial investigation and enlightenment of quick criminal judging procedure This part mainly introduces simple procedures for hearing cases by British Magistrate Court,American speedy trial procedures and plea bargaining procedure,German simple procedure and penal order procedure,French plea-bargaining procedure,Japanese summary justice procedure,and Italian plea bargain procedure,etc.Based on analysis of extraterritorial speedy trial procedure,this part describes the extraterritorial experiences as the reference for completing the speedy trial procedures in our country.Part ?:Analysis of current situations and existing main problems of quick criminal judging procedure in our country First,this part analyzes the current situation of legislation and judicature of quick criminal judging procedure in our country.The paper explains the existing related articles of law and regulations,and summaries the problems existing in operation of speedy trial procedures to analyze the current situation of judicature.Based on this,trying to point out the problems existing in speedy trial procedures in our country.Part IV:countermeasures are proposed for improving the quick criminal judging procedure of China.Specific suggestions are given mainly from broadening the start scope of the subjects of China's quick criminal judging procedure,optimizing the conversion mechanism of quick criminal judging procedure,refining the trial procedures and methods of quick criminal judging procedure,clarifying the rights and obligations of all parties in the fast-track adjudication procedures,improving the prosecution,defense and consultation system,and expanding the remedy approaches of quick criminal judging procedure.
Keywords/Search Tags:Criminal Proceedings, Defendant, Fast-track Trial Procedures, Plead Guilty
PDF Full Text Request
Related items