On the reform of criminal summary procedure
Abstract
Summary procedure as a co-exist with the ordinary procedures of the litigation procedure, it is to seek justice and efficiency of the balance. China's Criminal Procedure Law in 1996, the first time established a summary procedure of trial of the first-instance procedure of court trial. After decades of practice, it has been generally recognized. However, with the social and economic development, the progress of the times, the emergence of the new situation, the criminal summary procedure isn’t satisfied the balance of justice and efficiency presently, and many problems have exposed. For example, summary procedure’s application scope is not clear and difficult to apply, the right of the accused is difficult to protect, procedure of court trial is unreasonable and so on. These issues' appearance has caused the long-pending case occurrence, has harmed the original defense right, has wasted our country limited judicature resources. Therefore, the author described a number of reform programs in this article. It is mainly directed against the existing problems and to the international trend of development of the background, to bring up some targeted and direction of reform measures. Such as to suggest expands the simple procedure the discretion of punishment standard, to strengthen the rights of the accused, to establish petty case written to examine the procedure, to build up simple procedure multiplication to be suitable. All of these has a benefit by the time to our country criminal activity simple procedure's consummation.
Keyword:summary procedure、justice and efficiency、reform and improvement