Research On The Criminal Procedure Of Rapid Decision In Our Country

Since the middle of the 20 th century,with the economic development and social transformation,the types of criminal has become more and more diverse,the total cases also increased rapidly year by year.Ordinary criminal procedure has been unable to meet the increasing demand for criminal proceedings and the litigation explosion has become a worldwide topic.Our country has established a simple procedure,simplified ordinary procedure,eased the contradiction between the limited judicial resources and the low litigation efficiency.Now the rapid decision only has speed verdict,but those related laws and judicial interpretations for rapid decision procedures are still relatively rough and could not be a system,which limit its efficiency in the judicial practice.Therefore, this paper on basis of the situation of our country,and learn from those foreign experience,and use the way of value analysis,comparative research,empirical study and other research techniques to explore a criminal procedure of rapid decision,which with Chinese characteristics.This procedure would not only settle part of minor criminal crime,but also alleviate the pressure of the justice,and also can save the judicial resources into difficult and complex cases to reduce the number of cases were wrongly charged,sets up the judicial authority.Firstly,this paper has discussed the definition of criminal procedure of rapid decision,the theoretical basis and the practical basis to demonstrate the necessity and realistic significance of its application in our country,it is the objective demand of carrying out the criminal policy of tempering justice with mercy,fully embodies the spirit of respect and safeguard human rights.Secondly,this paper has introduced the related Settings of some representative countries from Anglo-American and continental law systems,then try my best to draw the beneficial experience that fits our national condition,summarize the development trend of the criminal procedure of rapid decision in the world,as directional guidance to build our criminal procedure of rapid decision.Thirdly,the paper analyze on the present situation of our current criminal procedure of rapid decision through collect the data of several existing procedures of rapid decision in personal,and summarize that the types of procedure of rapid decision are single,the practical effect is not obvious,the related security system is imperfect and so on.Finally according to the above problems, this paper approve opinions based on two main aspects:on the one hand,we should build diversified criminal procedures of rapid decision,includingexpanding the application of the conditional non-prosecution,refer plea bargaining to build consultative judicial system in China,refer proceeding for execution order to build the rapid cutting procedure in writing;On the other hand, we need to strengthen the related security systems,including connecting the simplified procedure and speed verdict,setting up a pretrial evidence discovery system,setting up a system of legal aid lawyers on duties.I hope the criminal procedure of rapid decision with Chinese characteristics will be formed in the near future,the related legislation become more detail and systematic,make it become a kind of mature litigation procedures,so as to further perfect our country’s criminal proceedings.