Implementation Of City C District J As An Example

Since June 27, 2014, the 12 th session of the 9th meeting of the standing committee of the National People's Congress voted on the authorization of the supreme people's court, the supreme people's procuratorate in parts of the criminal case rate cut \ "decision of the pilot program\"(hereinafter referred to as the decision), since the criminal case speed cutting procedures pilot work has been carried out for over a year. In this more than a year of pilot run, in the process of criminal cases speed cutting process in case litigation efficiency, and promote and simplified shunt, optimizes the allocation of judicial resources, protect parties rights do points with the important role. Pilot, however, by more than a year of criminal cases speed cutting program there are some problems in the operation process. How, for example,links up with the existing criminal lawsuit system, the applicable scope of case still is too narrow, unable to fully protect the rights and interests of the victim case, and the program corresponding to the criminal suspect social survey evaluation system and the duty lawyer system is still not implemented, etc.This article through to the trial court J C city district court since the criminal case speed cutting program pilot work for more than a year(October 8, 2014 to December 31, 2015) all applicable speed cutting procedure of the operation data of case research collection and analysis, and actually participate in a large number of speed cutting case to handle, and sum up out the practical operation of the program, and the problems in the process of operation,and tries to analysis from the perspective of the causes of these problems, find out the improvement of the criminal case speed cutting application path. In this paper, besides the introduction, which is divided into four parts:The first part: the overview of criminal cases speed cutting process. This part is mainly divided into two parts: one is to introduce the criminal case speed cutting application background, namely in the current judicial situation, set up the necessity of criminal cases speed cutting process. 2 it is to the criminal case analysis speed and cutting the value of the program itself, mainly through the comparative criminal caserate cut before and after the program is run J H city district court case to handle the situation, summed up the criminal case speed cutting process in resolving grass-roots court in the judicial practice in the contradiction of people less, improve the efficiency of working procedure, the optimize allocation of judicial resources, prevent the detention, realize the procedural justice, greatly increase the rate of clothing found on the aspects of litigation value.The second part: in this paper, the running situation of criminal case's speed cutting process. This part includes two aspects: one is the paper research the basic situation, including the basic situation of J C city area, research purpose and research methods; 2 it is through the trial court J H city district court since the criminal case speed cutting program pilot work for more than a year(October 8, 2014 to December 31, 2015) all applicable speed cutting procedure of induction, analysis of case data, the reflection of the real criminal trial speed cutting application scope of cases, the information such as conditions, judgment, aimed at positioning from the run of the true state of the criminal case speed cutting program of the status and value, and, more importantly, is also through the problems existing in the actual operation of the reflected more than a year of a large number of case material.The third part mainly: mainly discusses the criminal case speed cutting process on the problems existing in the operation process, mainly has the following several aspects: case scope too narrow, apply rate is not high, still not meet the design expectations; Non custody compulsory measures insufficient utilization, arrested still is the mainstream; On duty lawyer non-existing, and lawyers participation rate is not high; The criminal suspect or defendant program options to be actual overhead; Not be tried publicly too general, actual case cannot operation; Social investigation duties have not been effective to perform, social investigation rate is almost zero.The fourth part: how to perfect criminal case speed cutting process. This section will be based on the present situation of the program is running, to perfect the criminal case speed the path of the cutting process put forward the following Suggestions: appropriate broaden speed cutting application case criminal case scope; Security program of the defendant's right to know and choose program; Expand the use of non custody compulsory measures rate; A social survey evaluation compulsory prepositional procedure; To perfect the legal aid lawyers on duty system, security defending lawyers; To explore a rate cut case of first instance two-instance; Clearly not hearing range.The fifth part: conclusion.