| When our country revised the constitution in 2004,it put "the state respects and safeguards human rights" into the constitution and raised the protection of human rights to the height of the constitution.In order to further improve the protection of human rights and implement the relevant provisions of the constitution on the protection of fundamental rights of citizens,the "respect and protect human rights" was written into the newly revised criminal procedure law in 2012,and the protection of human rights was strengthened in the criminal procedure.All of these fully reflect our country attaches importance to the human rights protection,and promote the human rights protection to a new level.However,according to the provisions of the penalty law of public security management in China,the public security organs can deprive a person of his or her freedom without trial.Due to the lack of effective supervision and restriction,coupled with the excessive administrative discretion,it is easy for the public security organs to abuse administrative power and violate the basic rights of citizens from time to time.Under the background that our country is running the country according to law and building a socialist country under the rule of law,it is necessary to "reform" the system of administrative detention,bring it into the judicial review,prevent administrative abuse,and protect the basic rights of citizens.In addition,with the rapid adjudication procedure and the system of confession and punishment formally written into the criminal procedure law,the rapid adjudication procedure and the system of confession and punishment have been more and more applied in the trial practice,but these procedure and system are all applied by the criminal court of the grass-roots court,while the criminal court also deals with those major difficult and complex cases,which is not only not conducive to the complicated and simple separation of cases,but also nor can we guarantee the professional level of the case trial,nor can we give full play to the advantages of these procedure and system.Therefore,it is necessary to set up a special trial institution in the grass-roots courts,which is specialized in the application of the quick adjudication procedure and the system of confession and punishment,so as to realize the professional and centralized handling of cases and improve the trial efficiency and trial quality.In addition to the introduction and conclusion,this paper mainly has three parts.The first part,the necessity and feasibility of establishing the Magistrates ’Court in our country.This part first introduces the basic concepts and functions of the Magistrates ’Court,and then focuses on the necessity of establishing Magistrates ’Court in our country,which is mainly reflected in the following aspects: first,to realize procedural justice and strengthen human rights protection;second,the need to comply with the growing legal awareness of the people;third,the need to fulfill the commitments of accession to international conventions;fourth,to realize the complicated and simple distribution of cases and promote the reform of "court trial centralism";fifth,to optimize the allocation of judicial resources to ease the contradiction of "more cases and fewer people".At last,it introduces the feasibility of setting up the Magistrates ’ Court in our country.The second part is about the research on the system of Magistrates ’Court in foreign countries and regions and its enlightenment to China.This part focuses on the Magistrates ’Court system of foreign countries and regions.Through the research on the Magistrates ’Court system of foreign countries and regions,it can provide experience and reference for the establishment of Magistrates ’Court in our country.This chapter starts with the introduction of the Magistrates ’Court in British,introduces the scope of the trial cases,the procedural trial institutions of the British Magistrates ’Court,etc.,and then introduces the primary courts in the United States,France,Germany,Japan and Chinese Taiwan.There are three enlightenments from the Magistrates ’Court system of foreign countries and regions to our country: first,attach importance to the protection of human rights,and the deprivation of personal freedom is decided by the court;second,give consideration to the balance of fairness and efficiency,and apply summary procedure;third,judicial power restricts administrative power and prevents administrative abuse.The third part is the concrete conception of the establishment of the Magistrates’ Court in China.First of all,the scope of cases accepted by the Magistrates ’Court includes four kinds of cases: first,the cases that may be subject to administrative detention;second,the criminal cases that may be subject to the quick determination procedure;third,the cases that may be subject to the summary procedure,but excluding the cases that may be sentenced to more than three years’ imprisonment;fourth,the cases that may be subject to the security measures.Secondly,in order to improve the efficiency of the trial,the Magistrates ’Court mainly applies the procedure of quick adjudication.Finally,if the parties do not accept the decision of the Magistrates ’Court,they can appeal to the intermediate Magistrates ’Court,but if they do not accept the decision on security measures made by the Magistrates ’Court,they should apply to the intermediate people’s court for reconsideration. |
