The Exploration Of Speedy Trial Procedure Of Minor Criminal Cases In China

In international and domestic criminal litigation,the contradiction between the limited judicial resources and the cases of unlimited demand around the judicial organs is facing a problem.For this,other countries have established speedy trial procedure in order to improve the litigation efficiency,optimize the distribution of judicial resource.And outside of the summary procedure in our country criminal speed has also been constantly explore more simple and flexible speedy trial procedure,so in June 2014,the standing committee of the National People's Congress decide to authorize the supreme people's court and the supreme people's procuratorate in some areas to carry out the speedy trial procedure program.After the two-year trial period,the speedy trial procedure was carried out in pilot cities as part of a wider system of confessions.From reflection,speedy trial procedure achieved positive effect,but also some problems and contradictions,there is a certain distance with the expected target.This article mainly from the following four aspects of speedy trial procedure:The first part,this paper discusses the basic theory of speedy trial procedure,from the background,legitimacy basis,historical evolution,to establish the legitimacy of speedy trial procedure,the legitimacy and necessity.The second part,by looking at the overall situation and the specific trial court the relevant materials data,analysis of speedy trial procedure application results and existing problems in the operation,some problems can be directly from the data,but some problems are hidden,potential,especially need to pay attention to.The third part,analyze the outside related speedy trial procedure system,the inspection summary there are two main types: written proceedings and the summary procedure,through the horizontal comparison,sucking the marrow out of extraterritorial speedy trial procedure section,to perfect our country criminal speed cutting programs provide guidance and reference.The fourth part,in our country,on the basis of the judicial practice,to build and perfect the speedy trial procedure put forward some suggestions,first is the principle regulation,the balance between justice and efficiency,adhere to the procedure justice and entity justice unity,the implementation of the criminal policy of tempering justice with mercy;Followed by speedy trial procedure application system construction,clear positioning speedy trial procedure,improve the investigation organ involvement,appropriate increase written trial way.Finally to strengthen the construction of speedy trial procedure related mechanisms,formulate specific sentencing rules,improve the duty lawyer system,safeguard the rights of the parties.