The Investigation Report On The Operating Results Of The Minor Criminal Case Speed Cutting Program

At present, our country is in the special period of social transformation, criminal situation is high, especially the minor criminal cases increasing significantly. According to the statistic date of the relevant departments, currently sentenced to under one year imprisonment, detention, regulation, and a single fine cases have accounted for 38% of the total number of criminal cases, a higher rate. Such minor criminal cases, whose facts are clear and easy to handle; however, even the summary procedure is not simplified enough under the current regulation of law, not only criminal suspects or defendants to accept held for a long period of time, but also occupy a large number of trial resources, which is not conducive to improve the efficiency of the trial. Therefore, in holding the balance between the efficiency of the program and the proper procedure, to further promote the criminal procedure simplified is an urgent need for judicial practice.Supreme People’s Court and Supreme People’s Procuratorate joined together to request The 12 th session of the 9th meeting of the standing committee of the National People’s Congress for reviewing the draft on minor criminal case speed cutting program in some areas on June 23, 2014. The 12 th session of the 9th meeting of the standing committee of the National People’s Congress made a decision(hereinafter referred to as the "decision") on June 27, 2014, authorizing Supreme People’s Court and Supreme People’s Procuratorate to carry out the pilot work of criminal speed cutting program in 18 cities nationwide. Supreme People’s Court, Supreme People’s Procuratorate, Ministry of Public Security and Ministry of Justice also jointly issued a pilot guide about this pilot work(hereinafter referred to as "pilot approach") on August 22, 2014, which further refined the content related to the pilot speed cutting program.After reading a lot of related references, the author researched and analyzed the litigation cases of pilot trial of J area of C city from October 8, 2014 to January 31, 2015, which providing a basis for this article. Addition to the introduction, this article is divided into three parts, which are as follows:The first part introduces the overview of the minor criminal case speed cutting program. This part includes two aspects: the definition of minor criminal case and the background of speed cutting program. The definition of minor criminal case is about the concept of minor criminal cases and the applicable conditions of speed cutting program. The background of speed cutting program is about what kind of judicial environment that the speed cutting program was created.The second part introduces speed cutting program performing poorly and the obstacles. After the research of the target sample, the author statistics the corresponding data, concluding the operating results of speed cutting program. In fact, generally, speed cutting program performs poorly. The obstacles include the following points: easily confused with the summary procedure, suitable conditions can’t reach, pretrial procedures and speed cutting program can’t joint, the applicable scope of speed cutting program is unreasonable, the efficiency of the program and the proper procedure are hard to balance, the judicial administrative organs have right to research and estimate for probation and so on.The third part puts forward several recommendations to perfect speed cutting program. This section presents the following recommendations: definite the differences between speed cutting program and summary procedure, reach the suitable conditions of speed cutting program; joint pretrial procedures and speed cutting program; set the reasonable applicable scope of speed cutting program; hold the balance between the efficiency of the program and the proper procedure, cancel the judicial administrative organs the right of research and estimate for probation and so on.