Study On The Simple Procedure Of Criminal Procedure Law

The criminal summary procedure originated in The United Kingdom and has a long history in the criminal procedure of various countries,compared with the ordinary procedure,the simplified and fast and efficient trial process of summary procedure plays an irreplaceable role in criminal proceedings.China's criminal summary procedure developed late,and domestic scholars have repeatedly proposed to add summary procedure in the Criminal Procedure Law,until 1996 summary procedure was formally established,and in 2012 the summary procedure was revised.The relevant provisions gradually refined,and over the years the important position of summary procedure in the Criminal Procedure Law has not changed.Under the background of deepening the judicial reform in an all-round way,the reform of the criminal procedure system has been continuously advanced,and the summary procedure has been constantly improved in line with international justice.The localized criminal summary procedure system should pay attention to the overall layout and realize the dimensional relationship of the system of speed-cutting procedure,summary procedure and guilty plea and punishment.There are many problems in the practice of criminal summary procedure in our country,resulting in the summary procedure can not play the normal role of procedure,such as the single type of procedure,the defendant's litigation rights guarantee is not perfect,the prosecution organ and the court apply summary procedure to handle the case inefficient,the case handling process pays attention to the criminal fact determination,the performance appraisal of the number of cases of the hard requirements,so that the social evaluation of the summary procedure is reduced,the citizen's expectation of the summary procedure is not high.The summary procedure and the summary procedure are the fast trial procedure of our country,and the system of guilty plea and punishment runs through the whole criminal procedure process,in order to standardize the correct application of the summary procedure,it is necessary to comb the relationship between the three and establish the perfect criminal summary trial procedure system in our country.Comprehensive examination of the criminal summary trial procedures in the world's major countries and regions,the specific classification of the summary procedures in the areas of civil law countries can be used for reference,and the summary procedure auxiliary system of common law countries can be used for reference.In order to solve the above problems,first of all,improve the trial efficiency of summary procedures,simplify the trial links,change the rules for the prosecution authorities to appear in court,adjust the trial period.The real and entity arguments of litigation can not solve the practical problems,summary trial tends to litigation efficiency,the court investigation,debate around the issue of sentencing is the essence of the simplification of the content of the trial,extraterritorial countries and regions shorten the litigation period,cancel the litigation links unrelated to the overall situation is worth learning from.Then improve the application rate of summary procedure,legislate to provide for preferential sentencing,expand the jurisdiction of the proceedings,so that the defendant who pleaded guilty to punishment through the summary procedure to get a fair decision quickly.Secondly,the construction of a wide variety of summary trial procedures,including,specifically,the penalty order procedure,the speed-cutting procedure,the ordinary type of summary procedure.The paper draws on the procedure of punishment orders of Germany and Japan,and on the basis of respecting the will of the defendant,the classification criteria such as the seriousness of the crime,property rights or personal rights are used comprehensively.Furthermore,strengthen the protection of the rights of the accused.Give the defendant the right to choose a summary procedure,improve the professional quality of the lawyer on duty,guarantee the defendant's right to know,so that the defendant in the litigation clearly in the litigation state and the progress of the case.The content of the litigation right of summary procedure should include the basic litigation right and the right of self-confessed guilty,and the complete right to inform directly affect the time and litigation status of the defense lawyer's involvement in the case,thus affecting the applicable effect of the summary procedure.Finally,clarify the relationship between the summary procedure and the speed-cutting procedure,guilty plea and punishment from the broad system,and discuss the possibility of including the speed-cutting procedure into the summary procedure,and implement the application of the guilty plea system from the system in the summary procedure,improvethe trial procedure simple diversion mechanism constitutingof the ordinary procedure and the summary procedure.