The Study On Fast-Track Sentencing Procedure For Criminal Cases

Fast-track sentencing procedure for criminal cases is a new criminal proceeding in pilot cities in China authorized by the Standing Committee of the National People’s Congress. It is a more efficient and more simplified proceeding aimed at improving the clemency system of confession of guilt and taking punishment in criminal procedure and strengthening judicial protection of human rights. The procedure faced inevitably different controversies and difficulties during the operation in the pilot cities. Therefore, this paper discusses the construction of fast-track sentencing procedure for criminal cases, analyzes the problems of fast-track sentencing procedure for criminal cases during the operation in the pilot cities, and makes recommendations.The first part discusses the value and significance of fast-track sentencing procedure for criminal cases. It intends to explore a new and faster trial model to carry out the pilot program of fast-track sentencing procedure for criminal cases on order to further improve criminal proceedings, allocate rationally judicial resources, raise the quality and efficiency of criminal trials and safeguard legitimate rights and interests of the parties. Fast-track sentencing procedure for criminal cases helps to raise judicial efficiency. However, with the increase of minor criminal cases, the conflict between the number of cases and limited judicial resources is more prominent. The original trial model cannot adapt to the current situation. It is extremely urgent to explore s new trial model that can not only guarantee the rights and interests of all parties but also save judicial resources. Fast-track sentencing procedure for criminal cases with its quick proceeding protects and improves judicial efficiency. It also helps to conserve judicial resources, reduce burdens on participants in the proceedings and effectively avoid delays in the proceedings. Besides, it is also an effective way to enhance the credibility of the judiciary.The second part, taking a basic People’s Procuratorate in Jinan where the author works in as an example, summarizes main experiences and results of the current pilot program of fast-track sentencing procedure for criminal cases, including the establishment of the special team for fast-track sentencing procedure for criminal cases, the simplification of work documents and legal documents and the centralization of trials, etc. In this part the author also actively explores the model that basic procuratorial offices dispatched by the People’s Procuratorates and tribunals dispatched by the courts handle fast-track sentencing procedure for criminal cases.The third part presents several issues found during the pilot program of fast-track sentencing procedure for criminal cases with the author’s understanding about real cases. On the one hand the author slightly worries about the possible neglect of justice and the possible impact on the efficiency of fast-track sentencing procedure for criminal cases, on the other hand, the author feels sorry that the scope of fast-track sentencing procedure for criminal cases does not extend to the non-prosecution cases. In addition, it needs further argumentation and improvement of fast-track sentencing procedure for criminal cases that how the process turns around, when investigation and assessment will be done and how the duty lawyer system be carried out.The fourth part proposes a few suggestions for the construction of fast-track sentencing procedure for criminal cases. According to actual work, it recommends to further expand the case scope of fast-track sentencing procedure for criminal cases, to limit the investigation period and to transfer cases intensively in order to ensure the effectiveness of handling overall cases. Besides, it put forwards to gradually exploring the system that the first trial is the final of fast-track sentencing procedure for criminal cases.