In the field of law, particularly in the area of legal proceedings and other types of dispute settlement, judicial organs can achieve the best allocation of judicial resources by summary handling of the simple cases, ...In the field of law, particularly in the area of legal proceedings and other types of dispute settlement, judicial organs can achieve the best allocation of judicial resources by summary handling of the simple cases, which are in the majority, and optimizing the complex ones, which are in the minority. Summary handling of the simple majority means reducing the marginal cost of judicial activities in accord with the principle of simplifying procedures but not rights while improving judicial effectiveness and promoting judicial justice in a way predicated on protecting the fundamental rights of legal actors. According to quantitative analysis based on trials in which the defendant entered a plea of guilty, there is still plenty of room to optimize the resource allocation mechanism in the field of criminal justice. Implementing the summary procedure confirmed in the 2012 Criminal Procedure Law requires that the judicial organs guarantee defendants who have pleaded guilty the right to a lawyer. It also requires the improvement of judicial efficiency at the stages of investigation, bringing a case, and trial. Only by doing so can we scientifically allocate criminal justice resources overall and effectively promote judicial justice.展开更多
文摘In the field of law, particularly in the area of legal proceedings and other types of dispute settlement, judicial organs can achieve the best allocation of judicial resources by summary handling of the simple cases, which are in the majority, and optimizing the complex ones, which are in the minority. Summary handling of the simple majority means reducing the marginal cost of judicial activities in accord with the principle of simplifying procedures but not rights while improving judicial effectiveness and promoting judicial justice in a way predicated on protecting the fundamental rights of legal actors. According to quantitative analysis based on trials in which the defendant entered a plea of guilty, there is still plenty of room to optimize the resource allocation mechanism in the field of criminal justice. Implementing the summary procedure confirmed in the 2012 Criminal Procedure Law requires that the judicial organs guarantee defendants who have pleaded guilty the right to a lawyer. It also requires the improvement of judicial efficiency at the stages of investigation, bringing a case, and trial. Only by doing so can we scientifically allocate criminal justice resources overall and effectively promote judicial justice.
