Dissertation > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure

On International Guidelines on Criminal Justice of the Criminal Summary Trial Reform

Author LiuHuan
Tutor ZhaoWei
School Dalian Maritime University
Course International Law
Keywords International Criminal Justice Standards Code of criminal procedure Summary Justice
CLC D925.2
Type Master's thesis
Year 2009
Downloads 30
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With China's integration into the world trading system, China is gradually emerging from dictatorship is the core concept of criminal justice, to the evolution of human rights protection for the refuge of the criminal justice philosophy. In this process, the introduction of international criminal justice standards is necessary, including an update on the value on the conversion, the conversion of the institutional norms. Justice Standards' dissertation">International Criminal Justice Standards and Simple Criminal trial procedures, we must deal with the internationalization and localization, and actively and steadily, the introduction of intermediation. Meanwhile, the International Criminal Justice Standards for guidance, practical innovation to promote the integrity of the legal system of the Chinese criminal summary. The practical realization of justice and the effective efficiency of the proceedings is the pursuit of the goal of the countries of the world criminal proceedings. Our ongoing criminal the summary trial program reform is also the essence of the fundamental values ??of fairness and efficiency of the two counts of criminal proceedings coordination, so that our criminal justice system as much as possible to reflect the balance of these two value. Fairness and efficiency is not natural is harmonized, if disposed of improperly. Both will appear opposing the state, even two value targets can not be achieved. To solve this problem, the countries the International Criminal Justice Standards have started a large-scale application of summary procedure in the criminal justice system. It can be said, whether reasonable and improvement of the criminal justice system of this country is directly related to the ability to effectively operate a national criminal summary trial procedures set. This is a reasonable degree of perfection is one of the most important symbol of the status and effectiveness of the proceedings of the protection of human rights in this country. It is because of this importance, I decided to do his thesis this as its theme. The body of this paper is divided into four parts: the first part is the impact of International Criminal Justice Standards for Simple Criminal trial procedures. China's accession to the World Trade Organization, that China's integration into the world economic and trade system, thereby accelerating the process of economic globalization. China's accession to the WTO, its significance is by no means limited to the economy and trade, it is bound to have a profound impact on China's political, social and legal developments. International Criminal Justice Standards important impact of the criminal justice reform in China is the transformation of China's criminal summary. I will be converted from the value system innovation, specification updates, three aspects are discussed. The second part is the value of the the criminal summary trial program. The value of the in-depth thinking criminal summary trial procedure is the cornerstone of building this program. The author from the point of view of the entire legal system construction, proposed the establishment of the summary, is the inevitable result of the historical development of criminal litigation by improving the efficiency of the criminal proceedings and judicial resources to ensure that criminal proceedings be reasonable configuration to ensure that the law on this basis controversial goals to meet the requirements of a variety of main interests. First, the summary is the inevitable choice of the historical development of criminal proceedings. In this section, I proceed from the summary of the historical development, analysis of the social basis of this program, and then found that the trajectory of historical development. This section highlights a the criminal summary of efficiency value. Second, the summary is necessary to safeguard judicial justice. In this section, the author focuses on the criminal justice summary value. Democratic and civilized country, justice is always the pursuit of the ideal of law, only with the value of the legitimacy of the basis of the criminal summary is qualified. I believe that the modern legal society is built on the basis of the market economy. \Interest is the only social life, in general the role of social development momentum and social contradictions root cause. The criminal summary precisely to meet the demand of the main interests of a variety of criminal legal relations, to ensure the realization of justice in the reality. The author discussed in detail the criminal summary trial procedures to achieve justice, the protection of the legitimate rights and interests of criminal suspects, defendants, victims, and the great role of safeguarding the interests of the society as a whole. The third part is the comparison of Chinese and foreign criminal summary trial procedures. An important means in a time of comparative law studies, by their own system and the rule of law related systems of the developed countries compared, found wanting, to absorb the advanced international experience to improve their own is that we are an effective way to promote the rule of law and progress. Author from Criminal Summary Procedure Scope, application, acceptance and trial characteristics with the developed countries of Western legal conduct a comprehensive comparison and analysis of the existing criminal summary trial procedures exist many problems. Criminal pave the way for the reconstruction of the summary trial procedure as below. Through the first part of the comparison, combined with the actual situation of our judicial practice, we can easily find that major problems exist with the summary of our current criminal. First, the start of the criminal summary trial procedures do not depend on the defendant's voluntary choice, completely determined by the courts and prosecutors, and reflects the strong tendencies of competence, is not conducive to the protection of human rights of criminal suspects and defendants, to deepen their status of litigation objects. Second, procuratorial organs have the right to decide not to do court trial inquisitorial reasonable litigation structure was destroyed. Again, the defendant in the summary is difficult to obtain effective help of lawyers, the defendant in the lawsuit is extremely vulnerable to unfair treatment. Fourth, in cases transformed from a summary to the ordinary procedure, the defendant almost no election rights. Fifth, from the point of view of the judicial practice, the application of the criminal summary is very low, and can not afford it shall bear the responsibility. Finally, from the view of the entire criminal justice system, the ordinary procedure summary dislocation. Benign shipped on the entire criminal justice system have had a significant negative effect. The fourth part is the specific ideas to the reconstruction of the Chinese criminal summary trial procedures. This part is the key in this article, is the author of nearly two years, in-depth analysis of China's judicial status quo and with reference to the case of a large number of the legal system in developed countries the legislation drawn. The author focuses on the some of the basic principles of criminal summary trial proceedings should choose the mode, and this model should be established. Then, the two parts from a case of public prosecution and private prosecution cases to be addressed. This part of the concentrated expression of personal views of the author, and to clarify the significance of reconstruction of the the criminal summary trial program, summarized as follows: First, to achieve optimal allocation of resources, to ensure the realization of procedural justice. Second, the improvement of the structure of litigation, the balance of both defense and prosecution of forces. Third, to ensure the realization of the humanitarian nature of the penalty, to push forward the process of light punishment. Fourth, the efficiency of the proceedings, to implement the principles of litigation economy. Fifth, to promote the innovation of the judicial staff and legal awareness of ordinary citizens, the process of promoting the rule of law. Of Criminal Summary Procedure provides for the overall reconstruction of legitimacy based on the analysis of these issues.

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