analysis of the summary of the vision of the new code of criminal procedure（分析总结的刑事诉讼程序的新代码）.doc

Analysis of the summary of the vision of the new Code of Criminal Procedure How abstract guarantee of justice and efficiency of the proceedings, the rational allocation of judicial resources, how to conduct appropriate proceedings simplified shunt is an important content of the national judicial reform and improve procedures. Thesis Keywords course of justice summarily Scope Creation of a summary trial procedure of modifying the Code of Criminal Procedure in 1996, the facts are clear and sufficient evidence of minor criminal cases quickly. Since the system is running, the overall effect is good, but along with the arrival of the period of social transition, prominent social contradictions, the dramatic increase in criminal cases, even more prominent with the contradiction between the limited judicial resources, case a little more than the status quo became judiciary facing problems and bottlenecks due to narrow the scope of application of the current summary of the case processing power has can not play the role of the Procedure Division. efforts to resolve this outstanding issue, integrated treatment relationship of fairness and efficiency, optimize the allocation of judicial resources, the Code of Criminal Procedure to modify modified summary changes and improvement, but also an important part of the large. Summarily Scope augmentations 1996 Criminal Procedure Law Section 174 requires the application of summary procedure the following three scenarios: (1 pair in accordance with the law could be sentenced to three years imprisonment, criminal detention, control, punished with fines, prosecution case, the facts are clear and sufficient evidence, the people Procuratorate suggests or agrees to apply the simplified procedure (2 cases to be handled only, (3 victims sued the evidence of minor criminal cases. provisions of this scope is rather ambiguous. called “For the case of public prosecution three imprisonment , there is no clear legal punishment or de