The Study of Divisions in Criminal Trial Procedure
|School||China University of Political Science|
|Keywords||Criminal trial procedures shunt , Pretrial Punishment Summary Criminal Reconciliation Plea bargain|
Criminal trial procedures on how to implement a shunt, which is both a theoretical issue, but also a very practical problem. Diverted from a program of this new perspective to study criminal trial procedures, with the meaning and value of theoretical research. In this paper, on the basis of the theory and practice of triage visits extraterritorial criminal trial procedures, a comparative study of the use and improvement of China's criminal trial procedures shunt put forward their views. The text is divided into seven parts: the first criminal trial procedures shunt vision of the world and China's problems. Chapter in the triage concept defined on the basis of the criminal trial procedures, from the macro analysis worldwide trends in criminal trial proceedings shunt and China, stressed that the diversion of criminal trial procedures will help protect the human rights of the defendant, in favor of the trial reform and improvement, and help to promote a fundamental course of justice. Criminal trial procedures shunt path, in fact, is a summary of our current and reform of the Common Proceeding path that absorb reasonable component of the practice Common Proceeding thus reconstruct summary, to expand the scope of a summary of the applicable additional punishment to make the program, criminal reconciliation procedures to promote simplified trial procedure in the case. The second chapter, the theoretical foundation of criminal trial procedures shunt. This chapter points out the theoretical basis of the criminal trial procedures shunt Theory of Harmony, Theory of Justice, efficiency theory and combining punishment with leniency principle, and specifically addressed the use of these theories in criminal trial proceedings shunt and implement. Chapter criminal trial procedures triage decision program: Pretrial Procedure. Pretrial Procedure, also known as the pre-trial proceedings, is the interface between an important part of the public prosecution and trial, it is decided how the criminal trial procedures shunt procedures, and have to shut the case goes to court trial stage, what procedures adopted for trial significance. Pretrial Procedure of comparative study and our review criticized the extraterritorial Pretrial Procedure on the basis of the proposed reform program Pretrial Procedure, the Pretrial Procedure should be positioned in that it is an independent pre-trial procedures, while not just a court hearing to prepare for the procedure, shall establish a system of pre-trial judge, the implementation of the separation of the pre-trial judge and the trial judge. Chapter Punishment. Punishment civil law countries deal with simple procedures, a summary of minor criminal cases, a court omitted the trial that a written hearing. Extraterritorial punishment program comparison study based on analysis of the necessity and feasibility of the establishment of penalties to the system, specific idea of ??the establishment of penalties to make the system. Chapter summary and Common Proceeding reform. First of all, what the summary is determined to distinguish summary narrow sense and broad summary; Secondly, compare extraterritorial legislation of visits summary and Common Proceeding; once again, China's summary and Common Proceeding Review and criticism; Finally, the summary of reconstructing our Summary Trial of integration of the current summary and procedures for a program, that is, the defendant pleaded guilty to the summary of the case. Chapter VI, the criminal reconciliation program. \On the basis of comparative investigation of criminal reconciliation program extraterritorial legislation cases and practical operation, the analysis of criminal reconciliation system in our country depend on the growth of traditional \Chapter VII of the plea bargaining procedures. Analysis on the nature of the plea bargain system is a litigation mode and common law adversarial close contact system, on the basis of comparative investigation of the cases and the practical operation of the plea bargaining process extraterritorial legislation, our current system of plea bargaining does not exist The growth of the soil, and therefore should not blindly.