| 英文摘要 |
Since 1928, the year the current Act of Criminal Procedure was administered, summary procedure has been a vital procedure that serves as a driving force of speedy trial until today, with the expectation of reducing the burden of criminal justice, saving limited judicial resources for felonies or complicated cases. With the number of criminal cases increasing over the years, the range of summary procedure has been expanded concomitantly. Still, the deficiency of procedural safeguards for the defendant also provokes harsh criticisms, such as invading the defendant’s rights and even violating the constitution. Meanwhile, compared to the judicial system in other countries, the current summary procedure has not played a role in reducing the burden of criminal justice as expected. This article begins with the introduction of summary procedure in Japan, and the controversy of constitutional issues, based on preceding discussions, trying to restructure summary procedure that protects the rights of the defendant and complies with the requests of the constitution. In the meantime, this article also seeks to design a new summary procedure that may facilitate the relatives of criminal procedure eager to use that procedure. With the Act of Citizen Judges coming into effect, which will increase the burden of criminal justice, this article aims to provide several legislative suggestions to solve those coming problems. |
