Font Size: a A A

Simple Criminal Procedure

Posted on:2005-06-13Degree:MasterType:Thesis
Country:ChinaCandidate:J B ZhangFull Text:PDF
GTID:2206360152955066Subject:Law
Abstract/Summary:PDF Full Text Request
The process is the general criminal suit process that has been simplified (normal process). The process that hereafter in the article should included simplified trial process,quick judgment process and indict-react process. The process of China is comparatively premature with those countries with developed legal system. As the economy and society developed, the existing process shows more and more questions and should be reformed.The thesis discusses the process in five parts. The first part argues the inevitability of the process from theoretical analysis of the legal and economic value of process. Second, expatiate the concept,scope,character and practices of the process. Third, the author analyze the shortcoming of the process of China by comparing the process of China with that of US,UK,France,Germany,Italy and Japan. Forth, the author use sample studies to analyze the disadvantage of our process: the defect of the normal process works the enhanced efficiency of the process can't rely on the confession of the suspects; the normal process become formalize because of the out-court judge between the court and the law office; there is only a few chances to use the process for the scope of the process is very limited; the lawyer's participation is low and there is no prescript that the defendant should have a lawyer; the public prosecutor usually does not appear on the court. Finally, the author discuss the direction of the reformation of the process, and argue that we should develop gradually form widen the scope of the process,principle of the public prosecutor should appear on the court and adding punishment procedure to suit-defend procedure in order to establish a process that fit both China specific condition and international standards.
Keywords/Search Tags:Procedure
PDF Full Text Request
Related items