Research on Diversified Criminal Summary Procedure
|School||Southwestern University of Finance and Economics|
|Keywords||Criminal lawsuit Summary procedure Diversified|
Criminal summary relative to the normal procedure, the procedure has been simplified a special type of procedure. The application of summary procedure is to coordinate the contradiction between justice and efficiency to better use of limited judicial resources, protect the legal rights of the accused realized. At present, the Western countries established a multi pattern of criminal summary, in its judicial practice in the important role played invaluable. Based on the unified model of our current criminal summary detailed analysis, a unified model to explore the disadvantages of building a multi-modality demonstration of criminal summary of the necessity and feasibility of building multi-modality and then make the specific idea of the criminal summary.This paper can be divided into five main parts:The first part, Introduction. This section mainly describes the purpose of this meaning of the content, the specific issues raised, including, literature review, research the meaning and purpose, the paper’s ideas, innovation and lack of paper and so on.The second part, the criminal summary overview of the basic theory. This chapter introduces the basic theory, first of all from the broad and narrow sense, the criminal summary procedure was to clarify the definition, then fair value, efficiency, value and diversity tripartite dispute settlement mechanism, the functions of the face value of the criminal summary was analysis.The third part of a wide range of criminal summary of foreign study. Mainly the United States, Germany, Japan, Italy and other four major countries, the criminal summary analysis model, from which we can find:Although the performance of countries in the form of summary procedure varies, but the purposes are for the protection of human rights on the basis of, play a simplified procedure should have greater functionality, efficiency of the proceedings. And Italy, the criminal summary of five diversified model is noteworthy, judicial practice results are quite remarkable, which is undoubtedly worthy of our reference.The fourth part, the status of criminal summary and reflection. First of all, the criminal summary of China’s Legislation was introduced, then China and the relevant national criminal summary comprehensive comparison, come out of their perspective on the similarities and differences, and then, through the legislation with the foreign system and comparative analysis Reflections on China’s current Criminal Procedure In primarily from the scope of existing legislation, judicial practice effect and protecting the rights of the accused were three aspects of the review. Finally, empirical study from the point of view and perspective of judicial practice, reflect conclusions drawn, actual demand that our judicial summary diversification.The fifth part, the criminal summary reconstruction of diversification. First, determine the Reconstruction of Summary Procedure in the basic principle that to establish the diversity of summary guidance, on the one hand to strike a balance between efficiency and fairness, on the other hand should be based on the actual situation in China, a reasonable composition of foreign graft and reference. Then, on the Reconstruction of a wide range of criminal summary process of institutional design, including the following four aspects:first, improve the existing summary proceedings; second, a Chinese-style plea bargaining system; third, set up with Chinese characteristics criminal settlement system; Fourth, the creation of the punishment with Chinese characteristics and make procedures.