Study On The Speedy Procedure Of Minor Criminal Cases

Speedy procedure of minor criminal cases(hereinafter referred to as " speedy procedure"),the implementation of which is authorized by China' s National People's Congress Standing Committee,is a criminal proceeding in its pilot phase.The study thereof develops as its pilot status varies.Creating such proceeding will safeguard fairness and justice and improve litigation efficiency.Meanwhile,the creation thereof means China's criminal proceeding will enter a diversified development stage.Taking speedy procedure as the object of study,the author conducts a thorough study ranging from theory to practice.This article consists of four chapters.The first chapter summarizes the basic content of speedy procedure.First,this chapter compares speedy procedure with criminal summary procedure and speedy trial of minor criminal cases,which have similar functions with speedy procedure.Then it analyzes the connotation and denotation thereof to define its concept.Next,it summarizes and elaborates four features of speedy procedure.At the end,this chapter explains in detail how a criminal case is governed by the speedy procedure.The second chapter analyzes theoretical justification thereof,that is,the proceeding diversion theory.Then it introduces the origin and development trend of the theory and next generalizes the status quo of China ' s proceeding diversion.At last,the chapter demonstrates that proceeding diversion is an inevitable trend in the development of China' s criminal procedure.The third chapter can be divided into two parts.Taking the experimental units in Dalian and across China as the research objects,the first part introduces detailed implementation of speedy procedure in pilot units and explores the necessity to establish speedy procedure.Taking into consideration of the judicial practice in pilot units,in the second part,the author summarizes specific problems that occur during the implementation of speedy procedure in pilot units and analyzes causes of the problems above.The fourth chapter,in two aspects,puts forward countermeasures for the problems mentioned to advance the development of speedy procedure.In legislative aspect,corresponding laws and regulations shall be refined;and in judicial aspect,running of proceeding shall be improved.