Study On The Accused’s Right To Speedy Trial

"Justice delayed is justice denied." The accused’s right to speedy trial is a concept which originates from the Anglo-Saxon common law. Now, it has been confirmed by many countries laws and international human rights convention and international criminal justice criterion. Such as America and Japan have given the accused this right, not only had the constitutions, but also developed some specialized legal laws and regulations to regulate. In our country, the case delay in criminal proceedings is a chronic problem, often criticized by the public and the media. In order to solve this problem and make our country criminal procedure further adapt to the development trend of world human rights, this paper discusses the basic theory of the right to speedy trial and how our country should establish and construct this system.This article is divided into five parts.Part One:The survey of the accused’s right to speedy trial. Firstly, analyzes the historical gradual progress of the right to speedy trial. And then analyzes the concept and the essential factors and properties of the right to speedy trial.Part two:The theoretical foundation and the value of the accused’s right to speedy trial. This part has expounded the theoretical foundation of the accused’s right to speedy trial:constitutional government theories and human rights theories and the procedure theories. And then analyses the value of this right in controlling crime and protecting the rights, fail trail and economic litigation.Part three:Extraterritorial investigation and analysis of the accused’s right to speedy trial. This part analyzes the legislative stipulation of the accused’s right to speedy trial in America, Japan, Taiwan and European Court of Human Rights. Emphatically analyzes the period taken into consideration of the speedy trial rights and how to test whether the speedy trial rights had been violated and the remedies to speedy trial rights.Part Four: The present situation and the existing problem of the speedy trial in our country. This section analyzes current situation of the speedy trial in legislation and judicial practice, and points out existing legislate insufficient and system defect among them.Part Five:The establishment and the construction of the right to speedy trial in our country. This section analyzes the necessity to establish the right to speedy trial, and then put forward the basic thinking on the establishment of this right.The research methods of this Paper include:comparison analysis, historical analysis, and legal interpretation methods.