On The Defendants' Right To Speedy Trial

In our country, the lawsuit delays in the criminal proceedings is a chronic problem, resulting in extended detention, waste of resources and mental torture of the defendants which are the problems often be criticized by the scholars. Many foreign countries and the rules of law, international conventions have quickly accepted the right of defendants'speedy trial and the right to prevent delays in the proceedings as a basic right of citizens. In this article, the author takes the right of speedy trial as a starting point, hoping to introduce a "new thinking method" to solve the problem of delays in criminal proceedings.This article is divided into four parts.The first part is an overview of the right to speedy trial. Firstly, this section traces the history of the right to speedy trial relevant provisions, the development of this right will be divided into three stages. And then, the author analyzes the meaning of the right to speedy trial which includes two aspects. Finally, this section introduces the characteristics and value of the right to speedy trial.The second part analyzes the right to speedy trial in comparative law method. This section mainly introduces the rules and systems on the right to speedy trial of the extra-territorial representative for some of the major national, regional and international organizations including the system of violations identified, the exercise stage, the consequences of violations of the rights and summary procedure.The third part is our country's judicial status quo on the right to speedy trial. This section firstly analyzes the current attitudes to the right to speedy trial, and then introduces the cause that our country has not established the system of the right to speedy trial and the necessity to establish this system, and finally thinks about the reality obstacles on the establishment of this right.The fourth part, the author puts forward his own proposals about our country's establishment of the right to speedy trial. We should understand the exercise stages of the right to speedy trial; establish the system of rights violations identified; the system of during the transformation; expand the application of summary procedure, the establishment of diversion programs; establish relief system of violations of the right to speedy trial; fix this right into the Constitution and set "sunrise clause."...