A Study On The Systematization Of Chinese Multiple Criminal Summary Procedure

With China's economic and social development and the "drunk driving into the punishment","labor into the criminal judicial practice in the new situation,especially the number of criminal cases of minor criminal cases growing,contradiction between judicial organs" case much less "have become increasingly prominent.To establish a diversified criminal summary procedure,the case "classification",has become the inevitable choice to improve judicial efficiency,the rational allocation of judicial resources.Since the 1996 "Criminal Procedure Law" was first established in the criminal summary procedure of criminal summary procedure field "simplified procedure","light case quickly do the program" system to try,in recent years "minor criminal cases speed cutting program","guilty penalty leniency system" etc.the pilot work steadily,it can be said of China's exploration of the criminal summary procedure of diversification has never ceased.In the trend of reform,the reform of criminal summary procedure in "classification" as the goal,gradually diversify.However,the diversification of the development process of criminal summary procedure in our country,because of the difference of the criminal summary procedure starts late,regional and relevant supporting measures are not perfect,the concept behind other reasons,the system of criminal summary procedure in our country shows the law is not uniform,hierarchical and structural simplification is not obvious within the system,lack of applicable rules of chaos the problem is to protect the rights of people,lack of supporting measures.This paper will be in the "classification" of the criminal summary procedure on the basis of theoretical research,make full use of the extraterritorial criminal summary procedure system experience,combined with the actual situation of criminal summary procedure reform in China's judicial practice,multiple criminal summary procedure system of our country puts forward some improvement suggestions.Diversification has become the direction of the current criminal summary procedure,but it is worth noting that this diversity is not a simple superposition of different levels of criminal summary procedure.But on the basis of mutual connection and mutual difference on a coordinated,unified and stable system formed in the interior of the criminal summary procedure,in this system,can achieve a better case of "classification",improve judicial efficiency,realize the reasonable distribution of judicial resources set.This article will focus on how to build this kind of multi criminal summary procedure system analysis and put forward relevant suggestions,specifically,mainly includes the following four parts:The first part of the reform process of China's "classification" of the criminal summary procedure is summarized,find the regularity and analysis of the relationship between diversification and classification on the basis of "classification",by way of deconstruction,further analysis and understanding of the "classification",to better grasp the direction of reform the criminal summary procedure.The second part is to analyze the trend of the diversification of criminal summary procedure.First of all,it can be seen that the diversification of criminal summary procedure is the trend of development,and then further analyze the inevitability of this trend,and finally summarize the realization of the mode.The third part will be based on the analysis on the criminal summary procedure of our country diversification status,find out the existing legal provisions are not unified,the distinction between levels is not obvious,structural simplification within the system,lack of applicable rules of chaos,by supporting measures to protect the rights of the person missing and other issues,and analyze the causes,history and reality the idea of the above problems.The above problem is clear,but also for the fourth part of China's criminal summary procedure system to improve the recommendations of the premise and foundation.In the fourth part,the author puts forward some suggestions on the establishment of the system of multiple criminal summary procedure in our country.Specifically,in the perfect idea of multiple criminal summary procedure internal system,to realize the unity of legislation,but also improve the relevant supporting measures,in order to achieve harmony and unity within the system;in the specific composition of multiple criminal summary procedure system,mainly divided into three levels of criminal summary procedure,so compared with me criminal summary procedure to add penalty procedure,perfecting the criminal procedure and the ordinary criminal summary procedure at the same time.In the aspect of the coordination of the criminal summary procedure outside the system,we should clarify the relationship between them and better guide the practice.On the basis of the rational allocation of judicial resources,realize the case "classification" better,improve judicial efficiency.