Criminal Speed Cutting Application Research

Justice and efficiency have always been the value of the Code of Criminal Procedure to adhere to the concept of the establishment of criminal speed cutting procedures not only to better grasp the balance between justice and efficiency, but also with other proceedings together to establish a diversified, more Level of the criminal proceedings framework, so that the program diversion more reasonable, but also echoed the plea and other penalties and other system design. Therefore, this requires us to further study and analyze the criminal speed process in order to better design our system of speed cutting procedures.This paper first elaborates the function and value orientation of the criminal speed cutting procedure. It is concluded that the important function of the criminal procedure is to promote the diversion of the criminal cases so that the judicial resources can be further optimized. The value orientation of the criminal resources should be The most basic justice under the premise of efficiency first. Secondly, the two procedures of the plea bargaining procedure and the procedure of the German punishment procedure are taken as the object of study, so as to provide some useful experience for the perfection of our criminal procedure. Thirdly, according to the speed of the speed of the program during the two years of operation, the current speed of the procedures in the application of the main problems exist. First, the application rate is relatively low; Second, the rights protection system is not perfect; Effective implementation of the whole streamlining; Fourth, sentencing incentive mechanism to be optimized. Finally,according to the problems in the application of the speed cutting procedure, some suggestions are put forward to improve the criminal speed cutting procedure: one is to cancel the relevant prohibition conditions; the second is to protect the litigant's rights,increase the protection of the rights of the victims of certain provisions, And the implementation of the duty lawyer system; Third, the design of the whole process of streamlining litigation, to further simplify the pre-trial procedures; Fourth, to optimize the sentencing incentive mechanism,a clear standard of sentencing standards. In general,to strengthen the study of criminal expedition procedures for the legislator to design speed-cutting procedures to make recommendations to explore the future direction of China's relevant legislation in the promotion of criminal cases of the diversion, grasp the balance between justice and efficiency has a considerable The theoretical value and the practical significance.