A Study On The Procedure Of Criminal

The abolition of reeducation through labor system and the modification of the criminal law has expanded the scope of the minor criminal cases,at the same time the defects on system design of the current summary procedure makes the procedure simple but not convenient,all these generate the accumulation of a large number of criminal cases and the contradictions between judicial case and manpower.On this background,finding a solution for the contradiction of the quick criminal judging procedure has become the urgent need of judicial practice.The establishment of the quick criminal judging procedure in our country has its theoretical and practical fundamental.The construction of this procedure can remarkably improve litigation efficiency and equitably distribution the judical resource.Building the program not only do good to the protection of human rights but also reflect the criminal policy of combining punishment with leniency to achieve the effect of anticrime.The research of our quick criminal judging procedure can provide reference and basis for the future experimental work and legislation.The pilot program is mainly based on “Fast Trial On Criminal Case Conducted Pilot Programs In Some Areas Of The Measures”,which is jointly formulated by the Supreme People’s Procuratorate,the Supreme People’s Court,the Ministry of Public Security and the Ministry of Justice.The ordinance provide a standard in six aspects,namely the scope of application,the procedural requirements,the coercive measures,the heard in private session and the supporting systems.The pilot cities such as Beijing,Jiangsu Province,Shandong Province,Tianjin,Henan Province,Zhejiang Province have carried out a series of positive and useful exploration,obtained remarkable achievements under the guidance of the ordinance.Not only the handling time is reduced significantly,the settle of the lawsuit becomes higher,but also the precautionary measure of custody,and custodial penalty have been improved significantly compared to the simple trial program.The form of the trial is innovative and a general counsel duty system has been established to guarantee the legitimate interests of criminal suspects and defendant in the quick criminal judging procedure.There are also some problems,which have occurred in the implementation of the criminal fast trial procedure as the ordinance is not so detailed and the judicial authority in different provinces’ lacking of practical experience.The applicable rate of the procedure is relatively low,the sentencing incentives are not fully reflected,the procedure of court trial turns to become a mere formality and the duty counsel system is not so perfect.In this paper,the reasons for these problems are briefly analyzed.The advise will be given in four aspects with reference to the international experience and the realities of our country.The four aspects are broaden the scope of applications,a clear sentencing incentives,the innovation in court process and the consummate of the duty counsel system.