On The Safeguarding Mechanism Of The Accused's Rights In The Criminal Procedure

Since June 27,2014,"authorizing the Supreme People's court,the Supreme People's Procuratorate decided" to carry out criminal cases cutting speed in parts of the pilot program of the National People's Congress authorized Beijing,Shanghai and other 16 cities pilot speed cutting procedures of minor criminal cases.The Supreme People's court and the Supreme People's Procuratorate in response to judicial reform"the trial as the center",were proposed to deepen the reform of views and opinions of the people's court examination reform,and promote the sound of minor criminal cases speed cutting program again on the agenda.Minor criminal cases procedure is to further simplify the simple procedure of the provisions of the existing Criminal Procedure Law of the People's Republic of China.From the judicial practice of our country,the legal construction of quick judicial procedure of minor criminal cases in China's economic transition,the special period of social transition of the inevitable choice.However,the pursuit of justice and efficiency is the basic direction the criminal procedure system design,construction or operation must comply with the basic due process procedures.Any criminal procedure for handling minor criminal cases of the most simplified procedures,applicable should resolve value conflicts of criminal procedure.But in judicial practice,part of the pilot area to understand deviations of criminal procedure to explore the value,excessive pursuit of speed and ignore the legitimate rights of the defendant is in the program.Therefore,how in the reform of litigation system,the application of the criminal quick judging procedure is in line with the simplified trial centered litigation system can promote the diversion of criminal cases,especially by the prosecution of human rights protection mechanism should be most concerned about.Throughout the two years of criminal speed test,in the affirmation of China's minor criminal cases speed cut program achieved significant results at the same time,can not be ignored in the operation of the proceedings in the accused of the rights of the existing problems.In the process of clarifying these problems,we must make a value orientation to the criminal speed-cutting procedure in our country.The procedure is based on the improvement of the efficiency of the litigation and the efficiency of the judicial resources.Speed cutting procedures must balance the relationship between justice and efficiency,that is,taking into account the justice of justice and litigation efficiency,in the case of the bottom line to meet the premise of the maximization of the pursuit of efficiency.Since the nature of the criminal speed process is still to follow the principles of justice and efficiency,then in the judicial practice must also follow this principle.Through the analysis of the data and data of the pilot areas of criminal speed cutting,the paper investigates the operation of the speed criminal procedure in the case of the rights of the accused.For the start of the procedure,the trial process,the basic situation of the operation of the program found that the rights protection of the accused have following questions:in the process of starting the application of the lack of rights,inform the procedure is not standardized,resulting in the accused process to know the right to damage,appliable praportion of procedure is generally low;in the course of the trial,although required to establish on duty lawyer system,but the legal aid system is not perfect,it is difficult to provide substantive help.In addition,due to the lack of sentencing mechanism,confession legislation is relatively rough,resulting in the pilot of the accused,the suspect pleaded guilty of voluntary review lenient,lenient punishment is not uniform,making the rights protection is not standardized.In the revolving program,the guarantee is insufficient,the case exits and the supervision is not in place.Therefore,it is necessary to establish and improve the rights protection mechanism of the accused in criminal procedure.In the judicial practice,the procedure should be dealt with as the main line,one is to protect the procedural application right and the right of know to build the speed of the procedure to start the rights of the accused in the safeguarding mechanism.The second is to improve the misdemeanor defense mechanism,set up the voluntary sentencing incentive mechanism,construct the voluntary examination mechanism of guilty plea and the system mechanism of introducing the criminal detention system to protect the legal rights of the accused in the criminal procedure.The three is to exit the supervisory authority to protect the legal rights of the accused when the criminal speed process is turned.