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The Deviation And Countermeasure Of Criminal Simplification Procedure In China

Posted on:2020-01-04Degree:MasterType:Thesis
Country:ChinaCandidate:K WuFull Text:PDF
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The criminal simplification procedure is a procedure for simplifying the proceedings of minor criminal cases outside the ordinary procedure.It includes summary procedures and expedited procedures.It plays an important role in improving the efficiency of criminal proceedings and can realize the rational allocation of judicial resources.Put more judicial resources into complex cases.China's Criminal Procedure Law of 1996 established a summary procedure,which marked the emergence of simplified procedures in our country.In 2018,China amended the Criminal Procedure Law and added content on the speedy procedure.With regard to the criminal simplification procedure,the extraterritorial criminal legal system has many contents worthy of reference in China,such as highlighting the defendant's subjective status,enriching the criminal simplification procedures,and strengthening the convergence of litigation functions.There are still some deviations in the process of legislation and actual operation in China's criminal simplification procedure.First,the cross-section of the summary procedure and the expedited procedure has caused delays in criminal proceedings;the second is the duty lawyer himself established to safeguard judicial justice.The lack of power regulations;the third is to simplify the efficiency of criminal proceedings to simplify the trial stage;Fourth,the litigation structure of the criminal simplified procedure is not conducive to the improvement of criminal litigation efficiency.In response to these deviations,we should take corresponding measures,one is to straighten out the scope of application of summary procedures and expedited procedures;the second is to give the lawyers of duty lawyers qualification;the third is to strengthen the voluntary review of confession and punishment,and insist on trial;The whole process is simplified.
Keywords/Search Tags:Simplified procedure, Confession of guilt and leniency of punishment, Quick cut procedure, summary procedure
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