On the Reform of the Summary Procedure of Criminal Justice in China

The summary procedure of criminal justice means to apply simple approaches in criminal justice.In China there are two such procedures,i.e.the summary procedure defined in the Criminal Procedure Law,and the simplified procedure of the conventional criminal procedure.They have played important functions in criminal justice.However,the summary procedure has some problems as well.Especially,the pre-trial procedure is not simple enough;the methods are too few to meet the needs;and the defendants are short of assistance of lawyers.China may adopt more approaches of summary procedure in criminal justice,e.g.to establish the Justice of Peace Court in communities dealing with criminal cases quickly,and plea bargain to reduce the burdens of all participants.The principles of due process of law should also be ensured in summary procedures.The defendants' rights should be guaranteed in terms of assistance of lawyers,presumption of innocence,not being forced to give evidence which may incriminate themselves,etc.