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Research On The Criminal Expedited Procedure

Posted on:2020-07-18Degree:MasterType:Thesis
Country:ChinaCandidate:X Y DuFull Text:PDF
GTID:2436330578974102Subject:Law
Abstract/Summary:PDF Full Text Request
On 26 October 2018,the decision to amend the Criminal procedure Law of the people's Republic of China was adopted by vote at the sixth meeting of the standing Committee of the 13th National people's Congress.The amendment will be criminal proceedings explicitly included in the Code of Criminal procedure.The criminal quick adjudication procedure has been written into the criminal procedure law,which indicates that our country has formed a three-element trial procedure mode,in which general procedure,simple procedure and the quick adjudication procedure coexist.The successful exploration of criminal quick adjudication procedure is helpful to solve the contradiction between more cases and fewer people in our country on the surface,and to reform the judicial system centered on trial in our country on a deep level.In the different stages of the development of the quick adjudication procedure in Chin,the research on the quick adjudication procedure in China is also divided into stages.From 2014 to 2015,the research on the criminal quick adjudication procedure in our country mostly focuses on the basic introduction and the necessity of the establishment of the criminal quick adjudication procedure.Many scholars introduce the development course,the basic characteristics and the value function of the quick adjudication procedure.Then it demonstrates the necessity of the establishment of thequick adjudication procedure.That is to say,the quick adjudication procedure is helpful to solve the problems of the contradiction between more cases and fewer people in our country and the serious backlog of cases in China at present.During 2015-2017,with the development of the pilot work of the quick adjudication procedure,the research on the quick adjudication procedure in China has shifted from theory to demonstration.A large number of empirical research and analysis emerged,focusing on finding out the problems in the practice of quick adjudication procedure and starting to explore the way to solve the problem.The criminal quick adjudication procedure was finally written into the Code of Criminal procedure after two years of pilot operation.Although many of the problems exposed in the trial were resolved through legislation,it was simply a few provisions that were coarsely stipulated.There are still many fundamental problems unsolved.For example,the connection between the quick adjudication procedure and other proceedings,how to straighten out the relationship between the quick adjudication procedure and the judicial reform centered on the substantiality of the trial,the problem of the operation concretization of the quick adjudication procedure,and so on.Therefore,this paper mainly combines the purpose of the establishment of the quick adjudication procedure to analyze the solution to the existing problems.This paper mainly consists of four parts.The first part mainly discusses the necessity and legitimacy of the establishment of the quick adjudication procedure in China.The scholars in the past demonstrated the necessity and legitimacy of the quick adjudication procedure in China from the point of view of the current situation of criminal justice and the advantages of the criminal quick adjudication procedure in our country,which is different from the breakthrough point of the scholars in the past.This paper mainly starts with the background of the judicial reform.This paper analyzes the meaning and requirements of the substantiation of the trial,and then demonstrates that the quick adjudication procedure is not contrary to the requirement of the materialization of the trial,but rather contributes to the real realization of the materialization of the trial.This paper demonstrates the necessity and legitimacy of the criminal quick adjudication procedure from the relationship between the quick adjudication procedure and the substantiation of the trial.The second part mainly analyzes the value goal of criminal quick adjudication procedure.The development of any new thing has its specific value goal guidance,from the legal basis to analyze the justice and efficiency of the quick adjudication procedure of the value of the pursuit,elaborated the original intention of the establishment of the quick adjudication procedure,It is also to provide the correct direction guidance for the further improvement of the quick adjudication procedure in the future.The third part mainly enumerates several typical problems in practice.In the two-year pilot practice,a lot of problems have emerged,some problems have been solved and perfected in practice,but there are also many problems that have not been solved so far.For example,how to straighten out the relationship between quick adjudication procedure and coercive measures;How to determine the mode of quick adjudication procedure and how to deal with the appeals of quick adjudication procedure cases in the first instance can not be solved and the purpose of the quick adjudication procedure can not be fully realized.The fourth part is based on the problems raised above and the original intention of the establishment of the quick adjudication procedure,and tries to find solutions from both practical and theoretical aspects.In practice,it is mainly to summarize and compare the more successful experiences in the pilot practice.Discuss the value and possibility of popularization.Theoretically,it is mainly from the angle of litigation construction mode to find a feasible solution.
Keywords/Search Tags:quick adjudication procedure, confession and punishment, substantiation of trial, judicial refor
PDF Full Text Request
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