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Research On Criminal Quick Adjudication Procedure In China

Posted on:2021-01-14Degree:MasterType:Thesis
Country:ChinaCandidate:Z Q WangFull Text:PDF
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In order to adapt to the high-speed transformation of society and the inherent requirements of the risk society,and to effectively alleviate the impact and pressure of a large number of minor crimes on criminal justice,the decision-makers in our country have actively carried out the reform of the criminal procedure system and introduced the "criminal quick adjudication procedure" on the basis of the original criminal procedure.And on October 26,2018,the decision on amending the Criminal procedure Law of the people's Republic of China formally stipulated the leniency of pleading guilty and the quick adjudication procedure,thus formally establishing a criminal quick adjudication procedure with Chinese characteristics.As a new system in the criminal procedure system,there are still many problems to be solved in the rapid development of the quick adjudication procedure.This paper starts with the outline of the criminal quick adjudication procedure,introduces the concept and applicable conditions of the system,then discusses the value construction of the quick adjudication procedure from the aspects of efficiency,justice and human rights protection,and then starts from the system of criminal procedure law.analyze the difference between it and the summary procedure to pave the way for the following description.Secondly,it introduces the achievements of the current criminal quick adjudication procedure,and then on the basis of an empirical analysis of the operation of the quick adjudication procedure in our country,it points out that there are still some shortcomings,such as the applicable conditions are too harsh and the pretrial procedure is not simplified in place,and makes a comprehensive discussion on the causes of the deficiency.Thirdly,it investigates the relevant systems of foreign Anglo-American law system and civil law countries,in order to improve the quick adjudication procedure of our country.Finally,this paper focuses on the improvement suggestions from the aspects of the design of the quick adjudication procedure,the simplification of the trial stage and the protection of the rights of the accused.The emergence and development of the criminal quick adjudication procedure shows the great progress in the field of criminal procedure in our country.We should actively make suggestions and suggestions on the basis of full understanding of it in order to promote the steady development of the procedure in the future.
Keywords/Search Tags:Criminal Quick Adjudication Procedure, Consultative Justice, Punishment Order Procedure, Trial Procedure
PDF Full Text Request
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