Font Size: a A A

A Study On The Criminal Quick-adjudication Procedure In China

Posted on:2021-03-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y MaFull Text:PDF
Abstract/Summary:PDF Full Text Request
Criminal quick-adjudication procedure is an important part of the reform of the modern criminal justice system.With the purpose of improving the efficiency of litigation,Simplified trial proceedings should be conducted for criminal cases where the matter is clear,the evidence is sufficient and the defendant pleads guilty.Since the implementation of this procedure,it has played a positive role in promoting streamlining of cases and alleviating the contradiction of many cases and few people in judicial practice.However,any procedure has shortcoming,the newly-produced quick-adjudication procedure is no exception.In order to solve the main problems of the quick-adjudication procedure and make it serve the practical needs better.By using the literature analysis method and comparative analysis method,the author reviewed and analyzed a large number of literature materials,and comparatively studied the criminal summary procedures prescribed by some countries in the common law system and the civil law system,then summarized up their individually beneficial experiences,so as to provide some reference for China's quick-adjudication procedure.First,this article introduces the concept,the features,the differences of related concepts,and the theoretical basis of its existence from the micro-level.The second part is the investigation of extraterritorial quick-adjudication procedure,analyzing the criminal speedy trial procedure's similarities and the differences between some countries in the common law system and the civil law system.The third part is an analysis of the application status and problems of quick-adjudication procedure.This part starts with the currently legislative and judicial status of the quick-adjudication procedure in China and then analyzes its problems.When a problem is raised,there must be a solution to the problem.The fourth part are some proposals for the aforementioned problems.There are some measures for the problems,such as expanding the scope of the speedy trial procedure,focusing on protecting the rights of the defendant,reasonably regulating the way of trial and the defendant's right of appeal.There are three innovations in this article.The first is that we should discuss the defendant and the defense lawyer's procedural repentance can or can not be supported in different stages of litigation.It is not right to make a one-size-fits-all decision to support or not support them.The second is that summary procedures cannot effectively improve the efficiency of litigation.The legislator should modify the summary procedure.They can integrate the relevant provisions of the quick-adjudication procedure into the summary procedure without having to formulate a quick-adjudication procedure.The third is that the defense lawyer must be involved in the proceedings in advance in order to truly protect the defendant's lawyer's right to help.The establishment of the criminal speedy trial procedure is a major progress in the field of rule of law,and it is an embodiment of the actively implementing the strategy of governing the country according to law.On the basis of full understanding of the criminal quick-adjudication procedure,making suggestions actively can make it more stable and contribute to China's rule of law.
Keywords/Search Tags:Criminal quick-adjudication procedure, The efficiency of lawsuit, Judicial resources
PDF Full Text Request
Related items