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Research On The Protection Of The Defendant's Procedural Rights In The Criminal Expedited Proceedings

Posted on:2019-08-05Degree:MasterType:Thesis
Country:ChinaCandidate:X G ZhaoFull Text:PDF
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On 27 June 2014,the 12 th Standing Committee of the National People's Congress adopted the Decision on the authorization of the Supreme People's Court and the Supreme People's Procuratorate to conduct a pilot procedure for the expeditious adjudication of criminal cases in some areas.On 22 August 2014,the Supreme People's Court,the Office of the Supreme People's Procuratorate,the Ministry of Public Security and the Ministry of Justice jointly issued the "Measures on the Pilot Work of Expedited Criminal Procedure in Selected Regions",which began the pilot work of the Expedited Criminal Procedure in 18 cities throughout the country.The establishment of the criminal summary system is based on the realization of the value of efficiency,but the realization of the value of efficiency must be based on the realization of fair value.As a simplified version of the procedure,the criminal summary procedure has its own special lawsuit to the defendant's litigation rights.First,to improve the efficiency of litigation,to crack the case of many people less difficult situation;We should streamline the cases and optimize the allocation of resources.To explain the necessity of introducing the criminal summary procedure from the angle of protecting the rights and interests of the parties and improving the judgment rate of the suit.Secondly,the inevitable requirement of advancing the judicial centralism reform program is the essential embodiment of procedural justice and the protection of human rights,and the legal authority and the social harmony and stability of the fundamental adherence to the three-way analysis of the criminal summary procedure to strengthen the defendants 'full protection value of the litigation.Thirdly,through the evaluation and analysis of the relevant provisions on the protection of the rights of the accused in the speedy trial procedure,such as plea bargaining and penalty orders,such as the extraterritorial countries such as the United States,the United Kingdom,the Germany and international treaties,it can be used as a useful reference for the protection of the rights of the accused in our criminal procedure.Then,through the voluntary review of the defendant's guilty plea,the scope of the trial in camera,legal aid,the fallibility of the trial and other issues,and find out why.Finally,through.
Keywords/Search Tags:Criminal summary procedure, Fairness and efficiency, Litigation rights, plead guilty
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