Improvement On The Speedy Proceeding Of Misdemeanor

The abolition of reeducation through labor and the promulgation ofcriminal law amendment(nine),the misdemeanor punishment of criminal lawsuit of our country legislation mode number showed a trend of blowout,along with the increase of the number of the cases,and the matching of judicial resources did not expand.The light criminal case quickly dealt with the contradictions.But in the aspect of legislation and practice,minor criminal cases speed cutting process still exist many shortcomings,this paper based on the situation of our country,Based on China's actual conditions,The writer learned experience from other country and Taiwan,in order to improve the process.The first chapter focuses on the writing background,the literature review,the focus,the difficulties,the innovation point and the method of research.The second chapter mainly analyzes the concept,characteristics and the value of the light criminal cases.First,the concept is clear and the commonness and personality of the quick procedure and summary procedure are discussed.Secondly,the characteristics of speed cutting program are discussed.Finally,the paper analyzes the theoretical basis and the value analysis.The third chapter mainly analyzes the judicial experience of a light criminal case,which is based on the judicial system of Taiwan,Italy and Germany.By absorbing the minor criminal cases speed cutting program outside of the judicial experience,the author thinks that,minor criminal cases speed cutting program should focus on its scope of application,the performance of the program,the parties,the right protection,sentencing preferential provisions of five dimensions: correction.The fourth chapter analyzes the current velocity components of cutting process and the deficiency in the process of pilot,such as legislative system exist unclear legal position,application scope is narrow,the defendant the option is not independent,sentencing motivation is not clear.At the judicial operation level,there is a shortage of lawyers' aid system,no mechanism for the establishment of judicial organs,and a simple procedure of simplified procedure.The fifth chapter is to suggest perfecting speed cutting process in our country,from the Angle of legislation system perfect,clear legal position,expand the applicable scope,increase the startup subject,introduction of sentencing incentive mechanism,introduce the first-instance two-instance ".At the judicial process level,we will improve the system of solicitor assistance,improve the mechanism of public inspection,and explore the written procedure.