A Study On Swift Criminal Procedure In China

Our country social economy fast development,the social contradictions,criminal cases rising crime rates,lead to the judicial system backlog a large number of criminal cases.Under the circumstances,in order to further promote the case of the shunt,the rational allocation of judicial resources,our country respectively in Beijing,guangzhou and other 18 city has carried out criminal rate cut pilot program.After two years of trial work,each region has achieved good social effect,improve the efficiency of the criminal proceedings,but there are also many shortcomings.So,this paper hope through analysis and comparison methods on the criminal speed cutting program pilot stage problems in further research and using the experience of extraterritorial application.Finally,put forward specific ideas on criminal rate cut program on the basis of the research.I hope those personal suggestions to provide reference for set up the criminal rate cut program.In this paper,the main content is divided into four parts:The first part:the criminal speed cutting program overview.First of all,introduce the concept of criminal speed cutting procedure and characteristics.Second,compare the criminal speed cutting procedure and criminal summary procedure the similarities and differences between the place,can correctly grasp the relationship between in the judicial practice.The second part:the criminal speed cutting program operation situation analysis.First of all,the criminal rate cut by the present application documents.Secondly,through the analysis of the situation in various parts of that in Beijing area as the research object of criminal speed cutting program for further analysis.Finally,analyzes the problems existing in the criminal rate cut program is running.The third part:study about extraterritorial criminal speed cutting process and using for reference.First of all,the main of Italy,the United States and Germany as a representative of the continental law system and Anglo-American law system.Secondly,on the basis of introduced by reasonable analysis of extraterritorial application practices and get enlightenment.At the same time,compared to the present procedure of criminal rate cut in our country apply situation,from the experience of extraterritorial application can provide reference for the construction of our criminal speed cutting procedure.The fourth part:to perfect the idea of specific procedures of criminal rate cut.First,expand the applicable scope,increase the penalty applicable standards,especially it is necessary to define the scope of criminal rate cut program.Second,we will further improve the transformation mechanism of our country's criminal rate cut program.Finally,improve the relief way of criminal speed cutting process in our country,to be able to provide effective way to protect the legitimate rights and interests of the defendant.