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| Simplified Procedure from the criminal verdict and procedures in China Construction
Chinese papers League finishing. Key words: Simplified Procedure / Summary / plea agreement / criminal verdict and Cheng Xu crime rates rise and based on adversarial litigation model introduced for the efficiency of the proceedings, save judicial resources, (Note: see Chen in , edited by Yan-side: set summary. However, since the implementation of the amended Code of Criminal Procedure, litigation practice, the application of summary procedure rate has been low (usually only about 5%), (Note: See Fan Chongyi editor: Public Security University Press, 2001, p. 512.) difficult to achieve its In this context, some courts began to try cases of criminal prosecution reform of Simplified Procedure. (Note: See 2, 23 May 2002 2.) Supreme People's Procuratorate and the Ministry of Justice on this basis, at March 14, 2003 by enacting the Simplified Procedure on, some scholars from the front to be sure, that although there are some problems, but can be improved. (Note: See Fan Chongyi editor: 2 2003; Yuanwen Xiong et al: construction and due process protection of the rights of the parties, not fundamentally solve the problem of litigation efficiency. To solve the fairness of criminal proceedings and efficiency, must be based on changes to the Criminal Procedure Law, combined with the reform of Common Criminal Process improvement, construction of new criminal quick decision process. First, the concept of Simplified Procedure and content Simplified Procedure in the so-called, is the existing framework of criminal proceedings for certain criminal cases, the ordinary procedure, the defendant Pleading Guilty premise, the facts are clear and sufficient evidence, based on a simplified part of the proceedings, the case quickly concluded the court, a new way. (Note: See Liling Deng: include: 1. hearing range. In addition to the law applicable to the case summary and the have a significant social impact; (5) the defendant pleaded guilty, but upon examination may not constitute a crime; (6) Common criminal cases, some defendants are not guilty or not agree to apply the Simplified Procedure; (7) other appropriate Simplified Procedure for the. Simplified Procedure can be seen for a wide range of cases. 2. Applicable prerequisites: (1) The facts of the case clearly, there is ample evidence of the defendant may be sentenced to 3 years imprisonment, life imprisonment; (2) the defendant was accused of no objection to the basic facts of the crime and voluntarily pleaded guilty, also agree to apply the Simplified Procedure for the trial. 3. Bring the subject is the People's Procuratorate and the People's Court. review of the opinion that the trial can be applied, it shall seek the People's Procuratorate, the defendant and defense counsel's advice. People's Procuratorate, the consent of the defendant and counsel for the opinions heard. the questioning of the accused persons, questions can be simplified or omitted; (3) no objection to the prosecution and defense evidence, the evidence can be far as the name and description of the matters certified. Full Court confirmed the prosecutor, the accused, counsel without objection, and can be authenticated in court. Full Court deems it necessary for the investigation and verification of evidence, both parties have objections to the evidence, or prosecution, the defense asked to produce, read the evidence, shall produce read, and cross-examination; (4) both parties to determine the main focus on offense, sentencing and other contentious issues for debate. II and the Simplified Procedure in summary, the United States and Russia guilty plea Comparison of special procedures (a) Simplified Procedure comparison with the summary in the general sense, the summary is compared to the ordinary procedure, the program with fewer links, the operation of a relatively simple procedure, (Note: See Zhou Jun, Liu Genju: Press, 2003, p. 15.) In China, the summary refers to the grassroots people's courts in some minor criminal cases by the simple application of relatively simple proceedings. (Note: see Chen in the editor: Both were significantly simplified compared to the ordinary procedure of common characteristics: 1. Both procedures apply to the same basic premise. According to 222, require the facts are clear, there is ample evidence the defendant guilty plea on the alleged facts. 2. Proceedings for the same subject. The right of the accused or his counsel did not mention, but under the right, that is, if it does not agree with or deny the facts alleged crime, the program can not start. 3. Procedures are simplified for the same content, the performance for the examination or inquiry, the evidence presented or read the evidence and other aspects of the demonstration and certification in the court investigation, court proceedings relative to simplify the debate. 4. The trial judge the standard manner and the same approach that is taken to trial, the referee should be based on the facts are clear, there is ample evidence basis. 5. The value of pursuing the same program, that will strive to ensure the quality of cases and procedural fairness at the same time, improve the efficiency, saving judicial resources. Simplified Procedure with the summary of differences is also evident, mainly in: 1. By the applicable scope of the case are different. Simplified Procedure shall be applicable to more than 3 years in prison and sentenced to life imprisonment in criminal cases; applicable law may be summarily sentenced to 3 years of imprisonment, criminal detention, control, and punished with fines, and cases to be handled only cases there is evidence that the minor victims in criminal cases. 2. Hearing and trial of the main forms of organization are different. Simplified Procedure in the first instance trial of the main people's courts at all levels, the trial is a collegial form of organization; (Note: Simplified Procedure does not specify which one by the court, but accepted the case according to its scope, for the first instance, people at all levels Court; Simplified Procedure also provides for collegial system is not explicitly or sole system, but according to system. 3. On the subject of court proceedings require different. Simplified Procedure for the time, prosecutors and defenders should appear in court; application of summary procedure, the prosecutor and the defense can not appear in court. 4 plead guilty to the price difference. Simplified Procedure for the time, according to (B) Simplified Procedure in Comparison with the U.S. plea bargaining United States, Item guilty plea in exchange for prosecutors to make certain concessions, usually to obtain a lighter sentence or the revocation of other charges, the Prosecutor and the accused agreed through consultation between. ,., P.1173, WestGroup, 2000.) I believe that pre-trial plea bargaining is admitted by the defendant for the crime, not guilty plea for the defense nor the prosecution to reduce the alleged strength (or will re-charge into a light offense , or reduce the number of alleged crimes or suggest that the judge dealt with leniently), the two sides through consultations, consensus bargaining agreement and must be submitted in court for the procedure. (Note: see Liu Genju: to other countries. In comparison, most typical plea bargaining plea bargaining system was undoubtedly the United States. Thus, there is only in respect of the Simplified Procedure plea bargain with the United States identified briefly make a comparison. Simplified Procedure plea bargaining with the United States compared to their common features: 1. Both are based on the growing crime rate and the pressure of limited judicial resources, to improve the efficiency, saving judicial resources, optimize the administration of justice allocation of resources and settings. 2. Both the defendant's guilty plea to the basic premise. 3. In the program scope, and relatively simple procedure, both have large broad nature. 4. A character in the program, the relatively common procedure, the two have a more substantial simplification. 5. Program trading. Simplified Procedure in China, not the transaction process, strictly speaking, but compared to China's general procedure and summary procedure, but also deal with a certain degree of color. Such as 6. Participants in the program, although in practice often prosecutors seek the views of victims, but victims are not legally direct participant in the program, their views are not decisive significance. Relative to the U.S. plea bargaining, Simplified Procedure differences in: 1. Proceedings for the principal differences. The main body of the U.S. defense trade both defense and prosecution, the judge did not participate. such a discussion. subject is the People's Procuratorate and the people's court, the defendant denied the right to only process and no proceedings for power. 2. Procedure applies to the premise and basis of the referees are different. Although the United States stressed that plea bargaining in law a facts It is based on the situation of such evidence, the prosecutor agreed to the plea bargain. When the trial judge Comparison of the special procedures 3. Program scope are different. United States, plea bargaining does not limit the scope of the transaction, whether a misdemeanor, felony, can apply to all criminal cases. (Note: See Long Zongzhi: applicable, under the 4. Pleaded guilty to the price differences. Plea Bargaining in the United States, the defendant pleaded guilty to the charges on the price of prosecutors to reduce charges, reduce the number of alleged crimes and to recommend a lighter punishment, sentencing recommendations. In the Simplified Procedure in our country, the defendant voluntarily pleaded guilty, the court only 5. Procedural consequences are different. United States, plea bargaining, : See Long Zongzhi: pleaded guilty, they still had access to the formal hearing stage of court investigation and debate, but the court procedures for investigation and debate the relative simplified. 6. Procedures and systems background differences. In American society, including civil concept of plea bargaining the main basis of independence, autonomy, equality concept; the relative rights, obligations and rights of private relative to public power, rights-based philosophy; philosophy of pragmatism and freedom of contract; proceedings including criminal proceedings ideas such as a dispute resolution mechanism . Compatible with this concept, but also formed a series of plea bargaining system constitutes the basis of the criminal procedure system, including the structure of adversary criminal proceedings, and has considerable discretion of the Prosecutor Prosecution system; including lawyers involved in the initial inquiry , presence of a lawyer the right to counsel investigation and defense lawyers, including the right of a relatively complete system of legal counsel; relatively perfect system of Evidence; system and the defendant's right to silence the system of illegal evidence exclusion. It is the basis of these ideas and systems, making the United States, plea bargaining in the actual operation can be done in the basic combination of justice and efficiency. In China, the basis of the concept and the system is relatively weak even in the absence of state. (C) and the Russian Simplified Procedure Comparison of the special procedures of admission of guilt current Criminal Procedure Law of China and Russia from the former Soviet Union, the new Criminal Procedure Code of Criminal Procedure are, therefore, combined with Russia's new Criminal Procedure Code, compared to understand Simplified Procedure of the corresponding program similarities and differences with Russia, we have a correct understanding of the Simplified Procedure, no doubt has a special significance. 2001 年 11 月 Adopted on 22 of the Russian Code of Criminal Procedure provides for two new Special Criminal Procedure, the defendant pleaded guilty to special procedures (hereinafter referred to as the special procedures of admission of guilt) and the victim and the defendant Reconciliation Program (hereinafter referred to Reconciliation procedures). This paper studies based on Simplified Procedure of our country, so far as its quite similar here, a plea of special procedures for comparison. Simplified Procedure pleaded guilty to the special procedures, compared with Russia, its common are: 1. In the program settings on the motive and purpose, both rise in crime and justice based on the pressure of limited resources, to improve the efficiency , for the purpose of saving judicial resources. 2. In the program for the premise, both of which required as a precondition to the defendant pleaded guilty, and have stressed the fact that the accused admitted the charges should be adequate evidence base. 3. Stage in the procedure applies, the two can only be applied at the trial stage. 4. The procedures are simplified, and both are relatively common procedures have different procedures are simplified, and highlight the performance of the defense cross-examination of the trial on the simplified procedure. Such as the Russian Code of Criminal Procedure Article 314 provides that evidence, the evidence can be far as the name and description of the matters certified. Full Court confirmed the prosecutor, the accused, counsel without objection, and can be authenticated in court. lighter as an encouragement, and only as a means of encouragement, but can not change the offense or crime number. Simplified Procedure with Russia the main difference between the special procedures of admission of guilt in: 1. On the subject mentioned in the program, Simplified Procedure of the main body of prosecutors and courts instituted, the principal defendant is rejected, while the victims are simply is not the subject of the program; Russian institute special procedures of the main plea is the defendant, and the public prosecutor or private prosecutor and (or) the main victim is rejected. 2. In the program scope of application, for Simplified Procedure may be sentenced to 3 years imprisonment and life imprisonment for an indictable criminal cases; Russian special procedures apply to legal punishment plea of not more than 5 years deprivation of liberty of the public prosecution and private prosecution cases. 3. Simplified procedure in the program, our country in the Simplified Procedure in simplified mainly for the ordinary procedure in the court during the court investigation, court proceedings relative to simplify the debate; Russia and the special procedures of admission of guilt is a fundamental omission from the general court proceedings. 4. The plea of the price, my Simplified Procedure of the guilty plea on the price is 3. 5. The procedural safeguards on Simplified Procedure of supporting relatively weak or absent security measures; Russian plea is evidence showing the special procedures system, the accused right to remain silent system, illegal evidence exclusion system and the more perfect the system of legal representation system security. Where provided by law for the defendant agreed to plead guilty or make allegations of the application of special procedures must be carried out to consult counsel, the court should ensure that the defendant have access to such advice. 6. In the procedure for developing the subject and the rank of the procedural law, the Simplified Procedure in China by the part, by the highest legislature, the performance of the basic law, the effect of high level. 7. In the program of independence, our country is criminal Simplified Procedure for the ordinary procedure modifications, itself not independent; Russian plea special procedures are clearly defined by law independent of the normal procedures of criminal a criminal special procedures. (Note: See Huang Daoxiu Translation: Simplified Procedure is neither present in the common procedure, summary in addition to and independent programs in parallel, nor American-style plea bargaining Yihuo See Long Zongzhi: program. In addition to the death penalty but some special cases with the ordinary other than a simplified application procedures, or that it is essentially a summary on the application of an expansion. In the rising crime rate, adversarial step by step, has been difficult to achieve summary procedure case of diversion, I fully understand the good will of the allocation of resources. However, after all the consider making the These defects are mainly: (a) the adverse ordinary procedure of Criminal reform and improve the general procedure is relatively simple procedure is determined, the rule of law proved that the criminal proceedings, simple scientific procedures. Construction of the ordinary procedure should be the premise of the mature, or at least should be the reform of criminal legislation and criminal justice reform and improve the general procedure for matching. So, if China's current Criminal Proceedings has matured? The answer of course is no. After March 17, 1996 amendments to the ordinary procedure of the criminal legal system, there is relatively great progress in the past, but far: Procedure to fight crime as the first purpose of the proceedings as proof of the true objective, which makes difficult to set fair procedures; ; low attendance of witnesses, lawyers do not want to accept criminal cases, along with the status of the prosecutor's legal watchdog, the prosecution and the defense against the trial, the judge is difficult to guarantee neutrality; and the lack of right to silence and illegal evidence exclusion rules virtual home, to torture interrogation despite repeated prohibitions. Reality in the general procedure in criminal case, investigative powers and the implementation of evidence system settings, implementation of illegal evidence exclusion rule, and so on. Looking at However, the problem does not stop there, as (Note: Although there is limited guilty plea or to help people voluntarily drop the charges,mbt cipok, prejudge, to strengthen the defense trial that harder. Can even say, This benefit can not say on judicial reform. (B) of the adverse human rights protection in criminal proceedings protection of human rights in criminal proceedings is the modern heart of the criminal due process, in recent years, all working as national criminal justice reform as the focus. China's revised Criminal Procedure Law of 1996 has been aware of this issue, and a corresponding improvement. But overall, China's human rights protection in criminal proceedings in the legal norms, whether in practice or on the administration of justice are not satisfactory, the practice of torture is reflected in the repeated,mac cosmetics wholesale, extended custody, and complaints continue to restrain such common social phenomenon, illustrates this point. trial sector to control the real motivation,mbt batai, but the defendant did not remain silent, low rate of criminal defense counsel, illegal evidence exclusion rules have not yet fully established cases, this motivation is likely to be torture, Yougong, cheat for the incentives, the result is suspect, the defendant's personal and face greater threat of litigation rights. Second, Simplified Procedure for the premise of the defendant pleaded guilty, and this defendants legal concepts and low level of self-protection case, the defendant is bound to take considerable risks. Our criminal defense lawyers say nothing of the current legal status in the general reluctance to accept criminal cases, is to have counsel, and its role is very limited. Because the investigation is the first stage of interrogation, especially when questioning the right to counsel was not present, no investigative powers, marking the right and the right of defense, coupled with the lack of evidence system, lawyers, no real understanding of the case. Furthermore, the prosecution recommended the case for simplifying the trial of the suspects pleaded guilty, is under what circumstances the confession was entirely voluntary confession or admission of guilt under the external force, but was always a guilty plea is the stability statement Or when the time for the turn, and so on, which the court does not understand, Because it not only to the authenticity of the facts of the case, more importantly, is related to the personal rights of the defendants and other related litigation rights protection. Thus, behavior is likely to plead guilty was difficult to get real benefits Defendants. Third, the judge's judicial review of this is to prevent false or coerced confession the defendant an effective way, but discount. (C) in value, is not conducive to procedural fairness, may not be able to truly realize the effectiveness of the proceedings as the aforementioned two o'clock defects, Simplified Procedure for procedural justice, the damage is obvious. The question is, at the expense of procedural fairness may not result in litigation efficiency. Because, first, under the doubt. Second, the defendant pleaded guilty to the special procedures of the U.S. and Russia are a relatively common procedure independent process, the common feature is relatively common in the trial procedure, due to the fact that no longer dispute the charges but save the ordinary trial procedures (such as the U.S. save the jury trial, do not follow the normal procedures for the Russian court), only a procedural hearing, and thus save judicial resources, efficiency of the proceedings. In China, Debate parties have no objection, This can be seen from the value of its efficiency is quite limited. Again, as mentioned, do not understand the guilty plea if the court pre-trial behavior of the authenticity of the trial if the defendant retracted, but also change the ordinary trial procedures,Tory Burch Sale, it will instead make the program more complicated. Finally, because there is no appeal or protest for the appropriate restrictions, regardless of whether the decision or agreement on both parties agree, if one can go back on appeal or protest, apparently adverse litigation efficiency. In addition, because the victim is not the main program, when its results on the court against, you may continue to claim, of course, the efficiency value does not conform to the pursuit of litigation. More articles related to topics： Jiang Zemin, the Marxist view on the comprehensive development of innovative _860 tory burch outlet What is Buddhism _1388 tiffany and co Spouse Right _4812 |
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