A Study On Protection Of Litigation Rights Of The Accused In The Criminal Summary Procedure

For the accused,the criminal summary procedure is like a double-sword,which mitigates the pain of the lawsuit and guarantees part of their rights and inevitably damages other parts of the rights at the same time.The litigation rights of the accused should be protected effectively in order to reflect the fairness and justice of the procedures;maintain the balance between prosecution and defense and respect the status of the accused as subject of action.Combining the empirical research,data analytics and comparative study,this thesis puts forward some thorough proposals timely to protect the litigation rights of the accused in the context of judicial reform in China,which advocates “trial-centered point of view”and “the division between complex and simple”.Based on the system reform theory of being lenient to guilty plea,this thesis will try to draw attention to the litigation rights of the accused in the construction of a diversified summary procedure system,which could help to avoid the damage of the litigation rights because of the oversimplified procedures.This thesis could be divided into four parts:The first part is the introduction.In this part,the author will analyze the development of criminal summary procedure in both practical and academic circles.And the research scope will also be framed.In the second part,the author will analyze the current situation and problems of the guarantee of the defendants' litigation rights in the context of criminal summary procedure.Using the methods of macro-data statistics and micro-case analysis,this thesis gives a round discussion of the problems existing in the protection of the litigation rights of the accused in criminal summary procedure in China.For example,the formalities of the pre-trial confirmation procedure,lack of knowledge of guilty plea,low participation of the defense lawyer,lack of sentencing defense and ambiguity of the regulations about the guilty plea withdrawal.In the third part,the author will discuss the causes attributing to the problems in criminal summary procedure from three perspectives: imperfection of the laws and regulations,lack of supervision procedure and incompleteness of procedure settings.In the fourth part,the author will put forward some thorough proposals to strengthen the protection of the litigation rights of the accused in the criminal summary procedure from four aspects: improving the rights allocation of the accused,defining the sentencingincentive mechanism,improving the lawyer's defense system and strengthen the procedure supervision.