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刑事案件普通程序简易化审理方式首倡于北京市海淀区人民法院,其在1999年5月提出简易审的设想并与海淀区人民检察院积极协调,迄今已经知用此种方式审结案件60余件,取得了良好的法律效果,受到了广泛的认同。其他省市人民法院也积极地进行探索,如武汉市江汉区检法两院2001年2月试点审结余××,段××受贿案;广州市中级人民法院2001年9月首次采用简易审理理案件,福建省三明市人民法院正鼓励适用简易审办理案件,可谓遍地开花之势。相当于司法实务中的火热势头,理论界有关普通程序简易审的研究却显得比较冷清,见诸报端的文字对于一些基本问题也存在着若干观点聚讼。在此,笔者拟就普通程序简易审的律师辩护进行探讨,以期澄清认识,并求教于专家。
The summary procedure of common procedure in criminal cases was first advocated by the People’s Court of Haidian District, Beijing. It put forward the tentative plan of simple trial in May 1999 and actively coordinated with the People’s Procuratorate of Haidian District. So far, it has been known that more than 60 cases have been closed in this way, Has achieved good legal effects, has been widely recognized. People’s courts in other provinces and municipalities have also actively explored such cases as the trial trial of two chambers of prosecution and the law enforcement of Jianghan District in Wuhan in February 2001, and the case of bribe-taking in section XX. The Guangzhou Intermediate People’s Court first adopted the trial of summary trials in September 2001 Cases, Sanming City People’s Court of Fujian Province is encouraging the application of simple trial cases, can be described as the general trend of flowering. Which is equivalent to the fiery momentum in judicial practice. However, the researches on the simple procedure of ordinary procedures in theorists have become relatively deserted. The texts that have appeared in newspapers serve as the basis for some basic questions. At this point, I intend to discuss the defense of ordinary trial summary of the lawyer to clarify the understanding and seek advice from experts.