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On Simplified Trial Procedure In Taiwan Area Of China

Posted on:2019-06-19Degree:MasterType:Thesis
Country:ChinaCandidate:S B DengFull Text:PDF
GTID:2416330548952118Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In order to solve the heavy pressure brought by the excessive number of criminal cases,all countries(regions) in the world have formulated different types of summary proceedings according to their own conditions.Taiwan area of China held the ?national judicial reform meeting? in 1999,and established the reform direction of the ?Modified Adversarial system? after the meeting.Under the requirements of Modified Adversarial system,the summary procedure reviewed in writing has fallen short of the reform thrust of enhancing the participation of the parties in the trial,in this situation,simplified trial procedure come into being.After the establishment of simplified trial procedure,together with simple procedure and plea bargaining and other summary proceedings play an important part in program diversion,achieved good practical results.However,the simplified trial procedure has some loopholes in the legislation and some problems have also been exposed in the judicial practice.This article takes the simplified trial procedure in Taiwan as the research object,from two aspects of legislation and judicial practice,sorts out the problems and sums up the experience in order to make valuable suggestions on the current criminal quick judging procedure in mainland China.In this paper,besides introduction,conclusion,references,thanks,a total of four parts.The first part studies the connotation,boundary and program value of the simplified trial procedure from the concept and the characteristic,the establishment background and the procedure legitimacy.The simplified trial procedure is another simple procedure outside the simple procedure in Taiwan.It sets up the background of judicial reform at both the institutional level and the practical pressure to ease the sharp increase in criminal cases.Judging from the legitimacy of the procedure,simplified trial procedure is justified,simplification of the procedure is reasonable,and at the same time the law of litigation economy can improve the efficiency of litigation and reduce the litigation burden.The second part introduces the contents of the simplified trial procedure according to the legislative texts.This part,starting from the normative level,conducts a systematic research on the initiation,trial and relief procedures of the simplified trial procedure in Taiwan.The initiation of the summary trial procedure is the court ruled mode,the trial process to enhance the efficiency of litigation by simplifying evidence investigations and verbal debates and relief procedures including the court to withdraw the simplified trial procedure to start the ruling and the parties appeal two ways.The third part examines the actual operational status and operational effectiveness of the simplified trial procedure from a practical point of view,and summarizes the problems.Since the establishment of the simplified trial procedure,its application rate has gradually risen.After five years of operation,its application rate has basically stabilized.The simplified trial procedure has played a relatively good reforming effect in practice,which is mainly reflected in the fact that the average number of criminal cases handled by district courts drastically shortened,the concurrent increase in the number of new and final cases before the local courts,and the overall decrease in appeal rates in criminal cases,the parties to improve the service rate.However,the problems exposed by the simplified trial procedure mainly include: the lack of voluntary guarantee for the guilty plea of defendants;the lack of censorship of the authenticity of guilty pleas of defendants;the inadequate protection mechanism of defendants' rights;the lack of legal assistance;the insufficient participation of prosecutors;the pretrial period was not shortened;there were problems with the appeal mechanism;the rights of other procedural participants were not sufficiently defined.In the fourth part,based on the legislative and practical experience of the simplified trial procedure in Taiwan,combined with the reality of our country,this paper puts forward the concept of simplified trial procedure in mainland China and gives concrete suggestions.It is necessary to establish the concept of ?building on the principle of conformity with the actual conditions of our country?and ?adherence to fairness and efficiency? and ?adhere to organic embedding and maintain overall coordination?.Specific recommendations include: First,to expand the scope of application of the quick judging procedure;Second,the defendant should be voluntary and veracious review of the focus of the court;Third,attention should be paid to the protection of the defendant's rights;Fourth,to strengthen the protection of legal aid efforts;Fifth,the whole process of speedy punishments to strengthen coordination and communication between the three organs of the prosecutor's law;Sixth,a clear appeal process for quick judging procedure;Seventh,clear the quick judging procedure and summary procedures;Eight,a clear prosecution process and plea of guilty of punishment from the wide system of relations.
Keywords/Search Tags:Taiwan Area of China, Simplified Trial Procedure, The Criminal Quick Judging Procedure, Enlightenment
PDF Full Text Request
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