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Research On Constructing The Criminal Expedited Court

Posted on:2022-05-08Degree:MasterType:Thesis
Country:ChinaCandidate:C J FengFull Text:PDF
GTID:2506306737450114Subject:Procedural Law
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To promote judicial progress and solve judicial problems is the eternal goal of jurisprudence.Facing the situation of increasing judicial demand and short supply of judicial resources,criminal summary procedure and criminal summary procedure have been born one after another.However,with the change of practice,they gradually appear the problems of simple and quick judgment.Therefore,while improving the relevant system,Article 25 of the Guiding Opinions on the System of leniency in Penalty for Confession proposes to establish a criminal expedited court in the law enforcement and case handling management center of the public security organs.This advocacy has since opened a new door to solve minor criminal cases,that is,to solve minor criminal cases through the specialization of the trial organization,and to take advantage of the "specialization" to give play to the advantages of "skilled workers" to achieve the purpose of improving the efficiency of litigation.At the same time,it also realizes the purpose of "one-stop trial" and "nearby trial" by establishing the court in the law enforcement case management center,which is of great significance for solving the contradiction between the expanding demand for criminal justice resources and the lack of criminal justice resources.However,as a new thing,due to the lack of legislation,coupled with the lack of relevant theoretical research,resulting in the practice of each fight for their own.Therefore,a complete set of theoretical system must be condense to guide the establishment of criminal expedited court in various places,so as to avoid the ambiguous practice and exploration of various places and their own autonomy.From the perspective of theoretical construction,first of all,it is necessary to clarify the connotation of the criminal summary court,which is the trial court accredited by the grass-roots court to the public security organ or the law enforcement and case handling management center of the detention house,and specially hears criminal summary court by using the criminal summary procedure.Secondly,the nature of criminal summary court should be defined scientifically,which should be special dispatched court of the basic court.Then analysis why build criminal rate cut court and analysis of the current build criminal rate cut in parts of the feasibility of the court trial work,criminal speed cutting is necessary because the court is the necessary link to realize whole process simplified,and conform to the simplified v.on cohesion and judicial organization specialized requirements,feasibility is due to the current parts mass acceptance,The external construction environment is good and the experience is outstanding,so it is feasible to carry out pilot work in these areas.Finally through the comprehensive analysis and reference of the existing practice explore excellent achievements,put forward the basic conception of criminal rate cut court,criminal speed cutting fall under the jurisdiction of the court,including the organizational structure of personnel structure,space structure,Ting Shi management,the specific way of trial in binary,reasonable trial process,the trial procedures for conversion mechanism,based on this,To follow up relevant supporting measures,including simplification of case approval procedures and documents,establishment of evidence standards and protection of defendants’ litigation rights,so as to ensure the establishment of criminal expedited court.
Keywords/Search Tags:summary court, quick cutting procedure, a lenient punishment for pleading guilty, the efficiency of lawsuit
PDF Full Text Request
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