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Research On Criminal Trial Procedure Quickly In China

Posted on:2020-06-11Degree:MasterType:Thesis
Country:ChinaCandidate:N Q ZhangFull Text:PDF
GTID:2416330590954776Subject:legal
Abstract/Summary:PDF Full Text Request
With the rapid development of China's economy and society,the unstable factors in society are increasing,and the criminal cases that follow are constantly occurring.The promulgation of the Criminal Law Amendment(8)and the Criminal Law Amendment(9)made the behavior originally regulated by the labor education and childification recognized as a criminal act,and the criminal law was applied to regulate it,which made the contradiction of "the case has fewer people".protruding.With the rapid development of China's economy and society,the factors of instability in the society are increasing,and the criminal cases that follow are also frequent.The promulgation of the Criminal Law Amendment(8)and the Criminal Law Amendment(IX)made the behavior originally regulated by the labor education system recognized as a criminal act,and the Criminal Law was applied for regulation,which made the case many people less.The contradiction is more prominent.After several years of trials on criminal prosecution procedures,China amended the Criminal Procedure Law in October 2018.For the first time,the speedy procedure was written as a parallel procedure with ordinary and simplified procedures.In the legal provisions.The expedited procedure appears in the newly revised Criminal Procedure Law in an independent chapter,which is sufficient to reflect its importance in our criminal litigation system.On the basis of a brief introduction to the basic theory of the rapid cutting procedure,this paper focuses on the problems and deficiencies in the implementation of the procedure,and proposes reasonable suggestions for rationalization.This article consists of three parts.The first part mainly introduces the basic theory of the speed cutting procedure,analyzes the necessity of the establishment of the procedure,the meaning and value of the existence and the difference from the criminal summary procedure.The current uneven distribution of judicial resources urgently needs to improve the current litigation procedure.The second part is to introduce and analyze the problems related to the operation of the criminal prosecution procedure,specifically covering the legislative provisions and practice of the expedited procedures.At the same time,it puts forward many problems in the process of judicial practice,such as the narrow scope of application and the insufficient protection of the rights and interests of the suspects.The third part is about the proposal of the construction of the speedy procedure in China's criminal cases.Combined with the shortcomings in the current practice,it is recommended to further expand the scope of cases applicable to criminal prosecution procedures and safeguard the litigation rights of litigants.I hope to provide useful thinking on the smooth progress of the current judicial system reform.
Keywords/Search Tags:Criminal Trial Procedure, Protection of rights, Program diversion
PDF Full Text Request
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