| Since 1960 s, many countries of the world have been faced with the contradiction between the limited judicial resources and the increasing case number, so they are all actively engaged in the reform and exploration to simplify the lawsuit proceedings, improve the lawsuit efficiency, and reduce the lawsuit cost. After the reform and opening up policy, with the development of social economy and the improvement of people’s legal concept, the number of criminal cases is increasing and the contradiction between excessive cases and insufficient staff is becoming more prominent. While we also face severe problems at the same time, such as the deficient judicial resources, low lawsuit efficiency, and serious waste of judicial resources which not only affects the process of our country’s judicial reform, but also have a deep influence on judicial authority and justice.Because of this background, our country enacted Summary procedure and Summary trail mode of ordinary procedure which forms these two parallel hearing procedures. In order to promote our hearing procedure, our country reconstructed Summary procedure’s range of application. All these measures are good to improve the lawsuit efficiency and reduce the judicial system’s stress. In November 2014, amendment of the Criminal Law Nine was issued which reduced death penalty charges and newly increased 20 charges such as charges of childen abuse, exam-takers. The modification of the Criminal Law means that the Criminal Procedural Law needs to be modified to adapt it because the present procedures are not adaptable to deal with those minor criminal cases.It’s necessary to establish a new procedure.In order to solve the problems, in June 2014, the Standing Committee of the Twelfth National People’s Congress passed “the Decision on the Authority of the Supreme People’s court and the Supreme People’s Protectorate to Carry out the Pilot Work of Speedy Trial Procedure of Criminal Cases in Some Areas”. The decision has experimentally initiated the reform practice of speedy trial procedure of criminal cases. Speedy trial procedure of criminal cases has its own characters which has simplified the procedure of court investigation and court debate,shortened the limitation of actions and empowered defendants to choose whether starting this procedure or not etc,which somewhat solve the problems of simple trial mode and more cases and fewer judges. The speedy trial procedure of criminal cases are good to improve the lawsuit efficiency and reduce the judicial system’s stress and lawsuit fatigue of parties.In order to have a deeper comprehension of the speedy trial mechanism of criminal cases and perfect the construction of the relevant systems, the author points out the existing problems in the legislative and judicial practice, putting forward some corresponding improvement suggestions by analyzing of relevant theoretical basis and overseas legislation experience.Chapter one is the introduction which expounds the theory of speedy trial mechanism of criminal cases and points out its connotation and nature. In chapter two, based on the analysis of the theoretical foundation and value of speedy trial mechanism of criminal cases, the basic value pursuit and principles of the construction of speedy trial mechanism of criminal cases are established. Chapter three is the comparative analysis of relevant legislation and judicial practice in the countries of two legal systems, which provides reference for our country’s speedy trial mechanism of criminal cases. Chapter four gives an introduction of the current situations of our country’s relevant legislation and judicial practice, then points out some existing problems.At last he puts forward some improvement suggestions. |
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