Research On Fast Track Sentencing Procedure For Criminal Cases

In recent years, the cases of misdemeanor are increased so that under the existing criminal procedure mode the efficiency of criminal justice is low and the trial courts’ work is too much.In order to implement speedy trial in certain areas, the Standing Committee of the National People’s Congress voted the "draft on the Pilot Program of Fast Track Sentencing Procedure for Criminal Cases in Certain Areas". During making experiments, the Fast Track Sentencing Procedure for Criminal Cases has both advantages and disadvantages. The author study this procedure on the positive research, summarize the disadvantages of this procedure, improve and perfect the Fast Track Sentencing Procedure for Criminal Cases.This paper is divided into three parts.The first part, the author introduced the background of Fast Track Sentencing Procedure for Criminal Cases. And author compared the Fast Track Sentencing Procedure with summary procedure on four factors. Like the jurisdiction, the trial method, the protection of the rights of the accused and the conversion of procedure.The second part, the author investigated the Fast Track Sentencing Procedure for Criminal Cases including range of cases, rate of application, the rate of appeal, the workload of judge and the lawyers’role in the case. The author analyzes the advantages and disadvantages of Fast Track Sentencing Procedure for Criminal Cases, and try to find the reasons.The third part, the author gives some advice to the Fast Track Sentencing Procedure. Firstly, we need enlarge the range of jurisdiction. Secondly, we should limit the right of appeal in some cases. Thirdly, the fast track procedure’s cases don’t need hold hearings. Fourthly, we need clear and definite the extent for measurement of punishment.