2010Journal of Heilongjiang Administrative Cadre College of Politics and LawRequires access

On the Protection of the Defendants' Rights in Summary Criminal Procedure

Yuehu Liu

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Abstract

Justice and efficiency are fundamental values of criminal procedure,it is explored by all the country how to raise the judicial efficiency on the basis of guaranteeing the judicial fairness,and achieve the most optimal distribution of judicial resources.In order to raise the judicial efficiency,based on the principle of controlling the dealing according to the difference of the cases,the summary criminal procedure emerged.However,simplification process and raising efficiency is on the cost of sacrificing some of the defendants' rights,it determines the summary procedure as a double-edged sword,which partly protect rights of the accused while inevitably compromise his other rights.In this case,it's more important to strengthen the protection of rights of the accused in the summary criminal procedure.

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What this paper is about

Justice and efficiency are fundamental values of criminal procedure,it is explored by all the country how to raise the judicial efficiency on the basis of guaranteeing the judicial fairness,and achieve the most optimal distribution of judicial resources.In order to raise the judicial efficiency,based on the principle of controlling the dealing according to the difference of the cases,the summary criminal procedure emerged.However,simplification process and raising efficiency is on the cost of sacrificing some of the defendants' rights,it determines the summary procedure as a double-edged sword,which partly protect rights of the accused while inevitably compromise his other rights.In this case,it's more important to strengthen the protection of rights of the accused in the summary criminal procedure.

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Available abstract

Justice and efficiency are fundamental values of criminal procedure,it is explored by all the country how to raise the judicial efficiency on the basis of guaranteeing the judicial fairness,and achieve the most optimal distribution of judicial resources.In order to raise the judicial efficiency,based on the principle of controlling the dealing according to the difference of the cases,the summary criminal procedure emerged.However,simplification process and raising efficiency is on the cost of sacrificing some of the defendants' rights,it determines the summary procedure as a double-edged sword,which partly protect rights of the accused while inevitably compromise his other rights.In this case,it's more important to strengthen the protection of rights of the accused in the summary criminal procedure.

Key concepts: Compromise, SWORD, Criminal procedure, Law, Political science, Law and economics, Process (computing), Order (exchange)

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