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Study On The Improvement Of The Procedure Of Quick Criminal Adjudication

Posted on:2021-03-16Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhangFull Text:PDF
GTID:2416330611987100Subject:Marxist Jurisprudence
Abstract/Summary:PDF Full Text Request
With the rapid development of China's economy in recent years,the increasing number of criminal cases and the obvious further increase of crime rate have also appeared in the society.Combined with the actual situation that the total amount of judicial resources in China is relatively saturated at present,the limited judicial resources can't solve the embarrassing situation of a large number of criminal cases in time.In order to realize the integrated allocation of judicial resources,improve the quality and efficiency of criminal cases,and protect the legitimate rights and interests of the parties,the quick criminal adjudication procedure,as one of the important measures and attempts to solve this problem in the context of deepening the reform of the judicial system in recent years,should also come into being.The formal establishment of quick criminal adjudication procedure not only reasonably optimizes the allocation of limited criminal judicial litigation resources,but also greatly reduces the time spent in criminal litigation from case filing,investigation and prosecution to trial,greatly improves the efficiency of litigation activities,and promotes judicial organs and relevant litigants to advance in accordance with the law in a simple,fast and low-cost way Conduct effective criminal trial activities.In the first part,starting with the basic theories of the quick criminal adjudication procedure,the author introduces the concept and theoretical basis of the quick criminal adjudication procedure,which provides the legal and theoretical basis for the research;secondly,it analyzes the relationship between the quick criminal adjudication procedure and the summary procedure and the leniency system of confession and punishment;finally,from the perspective of the criminal procedure theory and judicial practice,it expounds the quick criminal adjudication procedure The role of judicial procedure in judicial practice.The second part is mainly about the current situation of the application of the quick criminal adjudication procedure law in China.Firstly,it introduces the legal development path,research and exploration process,the existing provisions of the quick criminal adjudication procedure law and the specific application status of thequick criminal adjudication procedure law in China.Then,from the trial mode is not clear,the defendant's rights protection is not in place,and there is no voluntary confession and punishment Sexual review mechanism and related issues of the internal mechanism of the judiciary are analyzed as the research focus,and further combined with the relevant provisions of the law for interpretation,and systematically analyze the causes of its emergence.The third part,respectively,from Germany,Japan,the United States,the United Kingdom and other major countries related to similar systems,through the in-depth investigation of similar procedures and norms of criminal quick adjudication in foreign countries,analyzes the characteristics and similarities and differences of similar procedures of quick criminal in different countries,so as to summarize some of China's advanced experience worthy of reference.The fourth part,mainly from the solution of the above problems,according to the problems that may appear in the application process of criminal proceedings,puts forward the improvement measures of criminal proceedings,and constructs the linkage mechanism of criminal proceedings.
Keywords/Search Tags:Quick criminal adjudication, Quick criminal adjudication procedure, Criminal action
PDF Full Text Request
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