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Study Of The Principleof Procedure Timeliness

Posted on:2019-12-16Degree:MasterType:Thesis
Country:ChinaCandidate:N YanFull Text:PDF
GTID:2416330563456631Subject:Science of Law
Abstract/Summary:PDF Full Text Request
The main guiding ideology for establishing the criminal procedural system of China is changing from the absolute procedural theory of instrumentalism to the theory of procedural justice.In this process of change,the reform of criminal procedural system should sufficiently embody the principle of procedure timeliness,which acts as a constituent element of procedural justice.Procedural efficiency should be increased on the basis of guaranteeing the minimum procedural justice.The premise for establishing the principle of procedure timeliness is to ensure that the suspect and the defendant have the status of subject of procedure that enables them to equally negotiate and rationally dialogue with the organs of state power in criminal procedure.Its specific performance is to effectively guarantee the right of the suspect and the defendant to get a quick trial,the right to choose procedure,and the right to get effective help from a lawyer.As the minimum requirement for procedure justice,the principle of procedure timeliness is a necessary condition for ensuring the realization of the requirement for procedure timeliness.When the right of the suspect and the defendant to get a quick trial is infringed owing to delay or premature advance of procedure of the organs of state power and its personnel,the procedural offences of procedural untimeliness should be subject to procedural sanctions.In order to completely abandon the quick-approval procedure and the delay procedure of Chinese style,we should base on the implementation of the principle of presumption of innocence,establish the principle of procedure timeliness as the fundamental principle of the criminal procedure law,and to establish the right of thesuspect and the defendant to get quick trial and make the right constitutionalized.As to specific procedure stipulation,in my opinion,we should improve relevant provisions of applying the precautionary measure of custody,such as establishing the judicial mechanism for inspecting the precautionary measure of custody,implementing the principle of non-coercive investigation and the legal doctrine of compulsory investigation,adding and putting the measures that alternate custody into practice.Besides,we should improve the system of centralized proceedings.We should also improve the provisions of quashing a case and the non-prosecution system,strictly restrict supplementary investigation.Furthermore,the speedy trial procedure should be established for red-handed crime.Moreover,we should establish the right of the suspect to get effective help from a lawyer in Pre-trial phase,and the simplified trial of the general procedure,the system of fast-track procedure and the system of simple procedure should be improved.Last but not least,an effective system of procedural sanction should be established for the untimely procedural offences.
Keywords/Search Tags:Procedural justice, the principle of procedure timeliness, delay of procedure, advance of procedure, the right to get quick trial
PDF Full Text Request
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