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Empirical Investigation And Improvement Of Relief System In Criminal Expedited Procedure

Posted on:2021-01-12Degree:MasterType:Thesis
Country:ChinaCandidate:M LiuFull Text:PDF
GTID:2416330602477136Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The original purpose of the criminal expedited procedure is to solve the chronic problem of "many cases but not many people" that has long obstructed judicial practice.By shortening the time limit for handling cases and simplifying procedures to improve the efficiency of handling cases,the streamlining and streamlining of criminal cases can be eased.It also promotes the formation of a three-level procedure structure from "quick procedure-simple procedure-ordinary procedure" in China's criminal litigation,from simple to complex,and perfects the criminal procedure system.However,while improving the efficiency of the criminal expedited procedure,it also sacrifices the integrity of the procedure to a certain extent and limits some of the rights of the criminal prosecutor.It is inevitable that there is a risk of physical error.Therefore,the relief system supporting the criminal expedited procedure should be given enough attention and research.The article mainly discusses the protection of the rights of the criminal prosecuted person,and discusses the criminal expedited procedure with the main content of safeguarding the legitimate rights of the criminal prosecuted person.The status quo and perfection of the relief system.First,based on the review of the laws and regulations that have been enacted in China,as well as the comparative analysis of the leniency system of pleading guilty and punishment,and the criminal quick determination procedure,the article defines the relief system of the criminal quick determination procedure.The two procedures and a system are the appeal procedure of criminal quick determination and the protection of voluntariness and authenticity of confession and punishment.The three together constitute the main body of the relief system of criminal quick determination procedure in China.Secondly,the article takes the three as the main objects of investigation,and conducts an empirical examination of the remedy system of the criminal expedited procedure in China through data analysis of the judgment documents,case investigation,legal article combing,and practical practices,and tries to point out that the three are in the legislation.Problems in design and judicial operation.Then,the article compares the remedy system related to plea bargaining with other countries and our country's current system of criminal expedited procedural remedies,and combined with the current judicial situation in China,puts forward the advanced practice of selectively absorbing the relevant system.Finally,the article proposes that the legislative status quo and judicial practice of the three aspects of the "transition procedure of criminal quick determination,appeal procedure of criminal quick determination,confession and punishment of leniency and voluntary punishment from leniency" should be developed separately.The current rapid criminal procedure relief system is gradually improved,and strives to achieve the simultaneous development and perfection of the criminal quick judgment procedure and its relief system.While ensuring the efficiency of litigation,it must also take into account the rights of the criminal prosecuted.Development provides suggestions for thinking about the direction and improvement of related systems.
Keywords/Search Tags:protection of the rights of the respondent, voluntary protection, limited right of appeal, procedure conversion
PDF Full Text Request
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