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Research On The Procedure Of Criminal Quick Judgment In China

Posted on:2020-04-20Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y SunFull Text:PDF
GTID:2416330572493948Subject:legal
Abstract/Summary:PDF Full Text Request
The Decision on Amending the Criminal Procedure Law of the People's Republic of China,adopted at the sixth meeting of the Standing Committee of the 13 th National People's Congress of China,stipulates the expeditious adjudication procedure,which together with ordinary procedure and summary procedure constitutes three levels of litigation mode.Among them,the common procedure is mainly based on the value of justice,supplemented by the value of efficiency;the summary procedure pursues both the value of justice and the value of efficiency,and the quick adjudication procedure gives priority to the value of efficiency in guaranteeing the value of basic justice.The three construct a pluralistic and multi-level criminal litigation system in China.With the continuous advancement of the applicable work,the effect of the quick adjudication procedure is remarkable,such as greatly shortening the handling time,reducing the rate of pre-trial detention and high rate of interest-serving litigation.It plays an important role in realizing the diversion of cases,optimizing the allocation of judicial resources and improving the efficiency of handling cases.It enables minor criminal cases to be dealt with fairly as soon as possible,and then concentrates its efforts on cracking down on major and difficult crimes,guaranteeing judicial justice and maintaining social stability.However,China's criminal rapid adjudication procedure is still in the trial stage,inevitably there will be many problems,which need to be improved by combining specific practice and drawing lessons from foreign related systems.This article consists of four parts.The first part is about the concept,development and value of the criminal expeditious adjudication procedure in China.The second part is about the operation of our country's criminal expeditious adjudication procedure,mainly including the application effect of our country's criminal expeditious adjudication procedure and the existing problems.The third part is about the investigation and Enlightenment of the relevant systems in some countries of extraterritorial Anglo-American law system and continental law system.The fourth part is from the aspects of the design of the procedure itself,the supporting mechanism and the protection of the rights of suspects and defendants,to put forward some suggestions to improve the procedure of the criminal quick adjudication in our country.I hope this article will be helpful to the development of the criminal quick judgment procedure in the future.
Keywords/Search Tags:quick decision procedure, effectiveness, problems, suggestions
PDF Full Text Request
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