J City C District People's Procuratorate Application Speed Cutting Program Research Report

The total amount of resources invested in any one country's criminal justice necessarily limited. Under the premise to ensure fairness and justice, taking into account efficiency, simplified cases of diversion, to promote the rational allocation of resources has always been the focus of litigation national criminal justice concern. From the development trend of countries outside the criminal justice point of view, the facts are clear for the general, minor criminal cases to establish criminal penalties make the program(such as Germany), summary trial procedures(such as Italy) and other simple procedures, and strive to improve minor criminal cases the efficiency in handling cases.Our 1996 "Criminal Procedure" in the summary made provision, the scope of application of summary procedure is limited to the People's Procuratorate suggests or agrees to apply the simplified procedure according to the law may be sentenced to three years imprisonment on indictment cases, handled only cases, there are three types of minor criminal cases evidence of the victim to prosecute. In 2003 the Supreme People's Procuratorate, the Ministry of Justice issued the "Opinions(Trial)", "common procedure on the application of" guilty plea cases, the defendant pleaded guilty cases before the ordinary procedure, provisions may be part of the trial appropriately simplify the defendant's interrogation and presented evidence without objection, certification. In 2006 the Supreme People's Procuratorate issued an "Express minor criminal cases guidance" for a term of three years or less minor criminal cases may establish a simplified workflow mechanism for handling the case. 2012 revised "Code of Criminal Procedure" in the original summary and the "two high a" promulgated opinions on simplified procedures to further improve and expand the scope of application of summary procedure. But the effectiveness of the proceedings minor criminal cases have not been effectively improved. In order to solve the case of less people, the problem of uneven judicial resources, our country from June 2014 to carry out pilot work program of fast trial on the facts are clear and sufficient evidence, the defendant voluntarily pleaded guilty, the law does not apply to parties dangerous driving dispute, theft and other 11 categories of less serious crimes, according to the law may be sentenced to one year imprisonment, criminal detention, control of the case, or a single fine according to the law of the case, by simplifying procedures, simplifying instruments to improve work efficiency. From the implementation point of view, cutting speed pilot work carried out after the program, effectively solve minor criminal cases difficult to effectively improve the speed of handling problems, and achieved certain results. But also exposed the procedures applicable cases narrow, ill-between with the organs, the docking procedure imperfect.In this paper, C J City District Prosecutor's Office criminal rate cut pilot program to conduct research, to inspect and assess their health, then pointed out that the existence of outstanding procedural issues, and put forward proposals to improve the program based on this pass. Besides the introduction and summary, the text of this paper is divided into three parts.The first part, the article on speed cutting program at the conceptual level were discussed. On the one hand, by clarifying the procedures and fast trial summary, minor criminal cases Express distinction and contact mechanism so fast cutting program features more specific. On the other hand, the author of the Procuratorate applicable rate cut in the value of the program are analyzed. I believe that the speed of the CD program of experimental work carried out not only to meet the practical requirements of the judicial work of the efficiency value, but also in the importance of being a criminal prosecution while ensuring human rights, for human rights victims in criminal cases also be concerned about.The second part, the article analyzes the speed of the CD program in BASIC C City J District Prosecutor pilot, one area suitable for C City J-speed exercise program cut the number of cases, the types of cases, the program suggests the right, handling mode content has been described, on the other hand the research content of the resultant Review. The author believes that although C J City District People's Procuratorate pilot program achieved in improving efficiency in handling cases good results, but the narrow scope of the case applicable, after simplifying instruments, approval more difficult, impede public supervision, procuratorial organs in-house expertise of the lack of clear administrative procedures docking imperfect, ill-fit between the public, prosecutors, law, the Secretary and other issues are highlighted during the pilot program, it cannot be ignored.The third part, the article proposes a rate cut by the Procuratorate perfect criminal proceedings a few suggestions. First of all criminal cases speed CD program active applicable conditions for proper expansion, cancel the negative conditions of application of unreasonable restrictions. Secondly, we have focused on simplifying instruments made to overcome the negative impact of over-simplifying the process of handling the case. Again, to promote internal prosecutors specialized prosecutors, to the administrative reform, and finally to select the program with clear sentencing concessions, but also to enhance cooperation between the various agencies, to establish a relatively coordinated case processing mechanisms.