The Construction Of Speedy Trial Procedure Of Minor Criminal Cases In China

Because our country has not yet established a complete set of misdemeanor system, after the abolition of reeducation through labor system, minor crimes cases lack of special system for support and guidance, but our country’s criminal procedure is mainly in accordance with "felony pan-moral" structure design of the criminal law, if still use the existing criminal procedure to deal with minor crime, not only can’t achieve the minor crime cases rapid processing requirements, it will lead to caused by excess "program" a lot of the backlog of cases, wasting much of judicial resources. Thus, exploration and slight criminal case processing matching procedure become necessary judicial reform. Aim at the minor crime rate cut program felony with minor crime in the judicial process to establish a set of and simplified other proceedings, prompting more effectively to realize the optimize allocation of judicial resources.Speedy trial procedure of minor criminal cases refers to the simple cases which the facts are clear, the evidence are sufficient, and the criminal suspect or defendant voluntary confession of the minor criminal cases, in accordance with legal procedures, to ensure quality under the premise of case, simplify the work flow, and can be omitted in the process of trial court investigations and convictions fast work mechanism of the debate. The author thinks that, the judicial organs shall under the premise of in respect of the party option, combined with foreign legislation and judicial to explore a suitable and realistic speedy trial procedure of minor criminal cases for China’s national conditions.This article based on China’s current national conditions and the analysis of the construction of minor criminal cases speedy judging procedure theory, in view of our country’s construction of speedy trial procedure of minor criminal cases, the author puts forward some specific options and suggestions on how to construct it. This paper is composed of five parts:The first part is the introduction,it sarts from the concept of our country’s speedy trial procedure of minor criminal cases, then analyzes the characteristics of the procedure.The second part is the foundation of speedy trial procedure of minor criminal cases.The third part is the application condition of speedy trial procedure of minor criminal cases.The fourth part is the concrete application of speedy trial procedure of minor criminal cases.The last part is the conversion and relief way of the procedure. Hope this article can provide a reference of the judicial practice for the present and future.