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Research On The Procedure Of Criminal Quick Judgment In China

Posted on:2020-08-24Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhongFull Text:PDF
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Fairness and justice are not only justice in criminal law entities,but should also include procedural justice in criminal procedure law."The more quickly and timely the punishment of punishing crimes,the more just and beneficial it is." The efficient and rapid resolution of criminal cases is the goal pursued by the Criminal Procedure Law.In order to alleviate the impact of the increase in the number of cases brought about by the drunk driving and the abolition of the labor camp system,in 2014,authorized by the Standing Committee of the National People's Congress,China launched a two-year trial of criminal procedural procedures in 18 cities.By summarizing the problems and solutions in the pilot process,China has incorporated criminal prosecution procedures into the provisions of the Criminal Procedure Law.The construction of the speed-cutting procedure is not only because of the growth of criminal cases in China,but also to alleviate the judicial criticism of "many people have fewer cases" and "overdue detention".In the pilot process,we draw on the mature experience of foreign countries and combine the basic national conditions of our country to construct a criminal speed-breaking procedure suitable for China.The newly amended Criminal Procedure Law of 2018(hereinafter referred to as the“New Criminal Procedure Law”)incorporates the expedited procedure into the system of criminal first-instance proceedings,but in the pilot process,the legislative system,the problems in the trial process,and the three organs of the public prosecution law The problem of cooperation is still an urgent problem to be solved in the current speed cutting process.On the basis of discovering these problems,this paper puts forward some specific opinions and suggestions on perfecting the construction of China's fast-track procedures.The body of this article consists of six parts:The first chapter is the introduction,which gives an overview of the advantages and problems of China's rapid cutting procedures,paving the way for the following chapters.The second chapter is the foundation of the criminal rapid procedure.Firstly,it expounds the theoretical basis of the construction of criminal quick procedure in China from the perspectives of legal philosophy theory,litigation economics theory and due process theory.Secondly,it summarizes the summary procedure and criminal reconciliation procedure.The advantages and disadvantages in the practice process provide some practical suggestions for the construction of the criminal quick fix procedure.The third chapter is the necessity of the construction of criminal procedural procedures.This part mainly elaborates on the three aspects of improving the applicability rate of the speed ruling procedure,promoting the coordination and coordination of the three organs of the public security law and promoting the optimization of judicial resources.The fourth chapter is the foreign regulations on the application of the criminal speed system.China should learn from Japan to build a system of speedy procedures,and divide the different levels according to the severity of the case to apply the corresponding procedures to form a series of case handling procedures.The fifth chapter is the analysis of the problems and causes in the process of the criminal rapid procedure in China.The author believes that the lack of the theory of the speed of trial is the root cause of the problem.Without the support of the theory,it will not be comprehensive enough in the reform process.The sixth chapter is to further strengthen the construction of China's fast-track procedures.It not only emphasizes the optimization of the trial procedure and the reduction of the certification standards can promote the application of the speed-off procedure,but the coordinated operation of the three organs of the public inspection law can make the speed-cutting procedure work the most.
Keywords/Search Tags:criminal procedural procedures, litigation efficiency, procedural fairness
PDF Full Text Request
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