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刑事诉讼简易程序分析.docx

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刑事诉讼简易程序分析.docx

上传人:wz_198613 2018/5/27 文件大小:79 KB

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刑事诉讼简易程序分析.docx

文档介绍

文档介绍:摘要
有效规范运行;吸收外国的经验,借鉴辩诉交易制度,力争在我国建立起
符合我国国情的、具有中国特色的辩诉交易制度。
关键词:刑诉简易程序,人权保障,辩诉交易
2
ABSTRACT
ABSTRACT
After World War II, with the rapid rise of crime rate, countries in the world in the existing criminal procedure system to constantly explore new programs can be quickly closed. Then simple procedures emerged , such as the United States the procedure of plea bargaining, Italy's rapid trial procedure, the German order of punishment procedure. These new simple procedure using, in that case facts, follow the principles of justice, saving judicial resources, but also improve the efficiency of lawsuit, for fast-tracking cases, maintaining social stability, and played an important role.
Summary criminal procedure legislation started relatively late, until the 96 revision of the criminal procedure law was formally established. Because of our country's legal system is not perfect, still in the development stage, therefore, our simple procedure in the legislative and judicial also exist some defects, such as applicable scope is too narrow, the defendant shall have the rights cannot obtain the safeguard, legislation mode of single. These have led to our simple procedures for the use of no can truly play its role, but also to some extent damage to the defendants' rights, lost the entity fair value.
This year's session of China "outdated" criminal law made major repairs, which relates to the simple procedure part also realized qualitative leap. The original scope expanded to all the minor criminal imprisonment, broke through original three years following sentence constraint. The revised criminal law pays more attention to the protection of human rights of the accused, in summary procedure is expressed as to whether the summary procedure shall apply to the rights of the defendant's hands, and provisions of ans shall send personnel to the court, which is made up of former deficiencies, from entity and procedures to ensure the effective operation of simple procedures.
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