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A Study On The Procedure Of Criminal Quick Judgment From The Perspective Of Comparative Law

Posted on:2020-04-08Degree:MasterType:Thesis
Country:ChinaCandidate:J Y QuFull Text:PDF
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In recent years,judicial practice has shown that the total number of criminal cases in China has been increasing year by year,especially the increase rate of minor criminal cases is the most obvious,which has caused pressure on judicial organs to handle cases,and ordinary criminal proceedings are far from meeting the demand of explosive criminal proceedings.Therefore,China promulgated the decision on authorizing the supreme people's court and the supreme people's procuratorate to carry out pilot work of rapid adjudication procedures for criminal cases in some regions at the ninth session of the standing committee of the National People's Congress in 2014,aiming to meet the practical needs of criminal litigation and carry out pilot work of rapid adjudication procedures for criminal cases in 18 cities.As the latest achievement of our country's criminal case triage mechanism reform,the pilot reform of criminal case speed sentencing procedure has attracted much attention in practice.Now,it has been a period of time since the pilot work of rapid criminal sentencing has been completed.As an important procedure in line with China's basic national conditions and judicial reality to explore,it has achieved remarkable results and to some extent alleviated the contradiction of "more cases than fewer cases" in the judicial organs.In 2018,the newly revised criminal procedure law stipulates the "speedy sentencing procedure" in section 4,chapter 2,part iii,and formally encodes the criminal speedy sentencing procedure into the law.As a system innovation,the criminal speedy sentencing procedure comes into being.Firstly,it can meet the value concept of punishing crimes and safeguarding human rights of the criminal procedure law,which plays an important role in maintaining social order.Secondly,the establishment of criminal fast-track procedure is conducive to the rational allocation of judicial resources,the improvement of litigation efficiency and the realization of good litigation benefits,so that the parties can get rid of litigation burden and return to a stable life as soon as possible.Finally,implement our criminal policy of combining leniency with severity,and provide a platform of punishment and education for criminals to return to society.In the judicial practice,there are some problems in the pilot work of criminal speed judgment in various places.After the summary procedure,the quick trial mechanism of minor criminal cases and the criminal reconciliation system,the criminal summary procedure improves and sublimates the similar procedure in China.Based on China's national conditions,it takes the pilot reform of rapid criminal punishment as an opportunity to absorb and learn from the relevant foreign systems and regulations of the new criminal procedure law to gradually improve the diversified criminal procedure system with Chinese characteristics.This paper is divided into introduction,text and conclusion.The text is divided into the following four chapters on the criminal speed sentencing procedures: chapter one,the author of our criminal speed sentencing procedures made an overview.Firstly,the concept of criminal quick-cut procedure is defined,and the necessity of procedure setting is discussed.Secondly,combined with the operation mechanism of the pilot work of rapid cutting in judicial practice,the application effect is summarized.By analyzing the pilot data of criminal speed-cutting procedure,this paper sums up various problems in the pilot procedure and points out the obstacles to the development of criminal procedure in the future.In the second chapter,the comparative study on the countries outside quick trial procedure,selection of Anglo-American law system and continental law system is a representative of the United States,Germany and Italy,this paper briefly introduces the system of plea bargaining in the United States,Germany's penalty to program and pleaded guilty to negotiate in Italy,compared with the criminal speed cutting process analysis,it is concluded that the content of the lessons for our country.The third chapter discriminates and analyzes the criminal quick adjudication procedure and summary procedure,the minor criminal case quick handling mechanism and the criminal reconciliation system,respectively sums up the common and differences,paving the way for the improvement of opinions.The fourth chapter puts forward four Suggestions to improve the criminal speedy sentencing procedure,including clarifying the scope of application of criminal speedy sentencing procedure;To implement the system of on-duty lawyers;Strengthen the linkage and coordination between investigation and procuratorial organs;Effectively protect the defendant's litigation rights.
Keywords/Search Tags:Expeditious criminal proceedings, Plead guilty and accept punishment, Consultation on sentencing, The efficiency value
PDF Full Text Request
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