Review of New Criminal Summary Procedure——An Investigation in Context of Legitimacy
HE Yuan-ding
Abstract
HE Yuan-ding
Abstract
A new criminal summary procedure system has been established ever since the Amendment to the Criminal Procedure Law was issued in March 2012.This new criminal summary procedure is better at balancing litigation economy and efficiency as well as protecting the defendants' rights,yet it has some shortcomings like less diversity,short of adaptiveness,inadequacy,and absence of consistent mechanisms etc.This paper justifies this criminal summary procedure,and examines the reform of such organism from perspectives of litigation economy and efficiency,legitimacy and protection of the defendants' rights.
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A new criminal summary procedure system has been established ever since the Amendment to the Criminal Procedure Law was issued in March 2012.This new criminal summary procedure is better at balancing litigation economy and efficiency as well as protecting the defendants' rights,yet it has some shortcomings like less diversity,short of adaptiveness,inadequacy,and absence of consistent mechanisms etc.This paper justifies this criminal summary procedure,and examines the reform of such organism from perspectives of litigation economy and efficiency,legitimacy and protection of the defendants' rights.
Key concepts: Legitimacy, Criminal procedure, Diversity (politics), Context (archaeology), Law, Political science, Criminal law, Law and economics