The Institutional Improvement Of The Criminal Quick Judging Procedure In China

In recent years,along with the rapid development of China's economic and social transformation,our country's crime rate has been steady high and the trend of increased year by year.Especially pickpocketing,drunk driving and other illegal behavior into the punishment,intensifying the contradiction between many criminal cases and few people.On the one hand,the case-handling capacity judiciary authorities increasing slowly,and the number of minor criminal cases is growing fast.On the other hand,the new criminal procedural law makes the procedure more normative and strict,and it is unable to gain both the justice and efficiency,and the current proceedings of the case and simplified shunt is not obvious.To this,The organizations(the supreme people's court,the supreme people's procuratorate)under the authorization of The standing committee of the National People's Congress,carrying out the pilot of the quick judging procedure in eighteen cities across the country.then two senior department joint issue about carrying out the pilot work of the criminal quick judging procedure in some parts of region(the following refers to as the method),the criminal quick judging procedure arises at the historic moment.In the pilot program two years later,in November 2016,two senior departments joint issue about carrying out the pilot work of the confessing to a crime and accepting punishment will be lenient in some parts of region(the following refers to as the pilot method),continuing to carry out the quick judging procedure on the basis of the original pilot.In March 2017,convening the 12 th session of the National People's Congress fifth meeting,two senior departments put forward to promote actively the reform of the criminal quick judging procedure at the meeting,realizing the complicated and simple cases to be shunted,further improving the efficiency of lawsuit.In this paper,through the method of theoretical research and empirical analysis to dissect the quick judging procedure of our country,which is divided into four parts.The first part,through the typical cases to lead to the criminal quick judging procedure and analysis positive influence and existing problems under the current legal system in our country.The second part,through the comprehensive analysis of the criminal quick judging procedure,analysing the similarities and differences in the criminal quick judging procedure and the criminal summary procedure,proving the criminal quick judging procedure is a new procedure,it is different from the criminal summary procedure.The third part,through investigating the different types of the criminal quick judging procedure of the civil law countries and common law countries,on the basis of the comparison and analysis of the beneficial experience to establish the criminal quick judging procedure conforming to the situation of our country.The fourth part,through listing the practice of the part pilot cities,analysis the practical features of eachcity,on this basis to put forward some concrete ideas for constructing our country's criminal quick judging procedure.