Studies On Several Problems Of Speedy Trial Procedure For Minor Criminal Cases

Along with our country's social economy have been developed to the new transition period,there occurs increasing social contradictions.In addition to this,after the abolition of reeducation,some cases that handled by public security organs now have been responsible for the court.The weakness alternation and connection between the old and the new law,the substantive law and procedural law lead to "excess of procedure" which caused a large backlog of cases and also exacerbated the handling pressure of judicial organs.Meanwhile,the revision and consummation of criminal law also shows the decline of criminal threshold and the increasing trends of new types of crime.Specifically,some offenses that adjusted by The Security Administrative Punishment Law now have been came into the adjustment range of criminal law,such as the regulation of dangerous operation of a motor vehicle in criminal law.All of these stand out the current situation of judicature that happens in the Court "much less" issues and the limited judicial resources.Therefore,the twelfth session of the ninth meeting of the NPC Standing Committee voted on the "About the decision to authorize pilot work to conduct speed-criminal proceeding in some areas"(hereinafter referred to as the "decision of the speed-trail")authorized the Supreme People's court and the Supreme People's Procuratorate starts to carry out the speed determination for minor criminal cases in Beijing,Chongqing and other eighteen cities.In order to ensure the smooth implementation of speed determination of criminal cases in pilot project,the two high judicial authority and ministries jointly issued "the measures of pilot project in criminal cases on the part of the region",the judicial organs in the pilot area further formulated the "implementation rules "or" handling provisions",so as to continued to carry out pilot project of speed-criminal proceedings,marking the establishment of speed-criminal proceedings in pilot project.This paper analyzes at the theme of the speed-criminal proceedings.The first part discusses the basic category of speed-criminal proceedings,with the definition of the concepts of the speed-criminal proceedings and speed track of criminal cases to set forth the nature of the position of the speed-criminal proceedings and its necessity in current judicial procedure.In the second part,we start to study the justification of speed-criminal proceedings,and the theory of procedural economy is the inevitable requirement to realize the criminal proceeding smoothly under the limited judicial resources,is also the objective demand of protecting human rights.Procedures of restraining requires the criminal procedure shall keep the timeliness?compromise and the tolerance of the results when dispute resolution.The pluralism of procedure based on the diversified demand of the subject and the typification of the case which promote the generation of the alternative dispute resolution mechanisms,is the theoretical support for the establishment of the speed-criminal proceedings.The third part is the study of extraterritorial procedures with comparative law,involving Germany,Russia,the United Kingdom and the United States and so forth the country of continental law system and rapid processing procedures of common law system countries.According to its scope,rights protection,rights relief and other aspects,try to derive the similarities and differences with our speed-criminal proceedings,so as to obtain the reference content.The fourth part is to put forward and analyzes the problems of the lack of voluntary review mechanism,the unclear provisions of the public trial,and the protection of the rights of the victims during the processing in speed-criminal proceedings.In the fifth part,we construct consummate suggestion to speed-criminal proceedings.In the current stage of judicial reform,we should clarify the criminal summary procedure and speed-criminal proceedings,criminal penalty and lenient system with speed-criminal proceedings,the relationship between the trail-centered reform and speed-criminal procedure,so as to achieve lawyer's better participation on criminal penalty and lenient system,to construct of voluntarily defendant pleaded guilty security mechanism,to make speed-criminal trail procedure normalized,to build linkage mechanism of consummates suggest during detection,appealing,trail,enforce,justice of speed-criminal proceedings.