Study On The Quick Criminal Judging Procedure

Since 2014 the quick criminal judging procedure in the past trial,each cities are responding positively and developing documents according to the actual of the local quick criminal judging procedure,which provides samples for the research on theory and practice of quick judging procedure.To date,the quick criminal judging procedure has become an important part of the China's quick trial system,and the optimal way to divert misdemeanor cases.The quick criminal judging procedure in the current era have the feasibility and necessity of development,not only can it cope with problems with a good many cases but insufficient staff effectively,but also is the implementation of the criminal policy of tempering justice with mercy.It is simpler than summary procedure,and it is an independent procedure,by no means a form of summary procedure.Meanwhile,through the empirical study of the implementation of quick criminal judging procedure in the pilot areas of China,we can find that there are some characteristics of a series in pilot areas,such as diversification of types of cases,the duration of the trail largely shortening,service contracting rate v ratio improved significantly,results of sentencing is partial to real punishment.In this process,some pilot areas explore new methods with innovative thinking actively,and provide valuable experience for other pilot areas.However,behind the quick criminal judging procedure we can also find that it has exposed some problems: the narrow scope will reduce the rate of quick criminal judging procedure,the procedures are not simplified enough,the weak sentencing incentive makes the violation of legislative intention and efficiency,in addition,the security of the rights of the accused is the key problem to be solved.Although the quick criminal judging procedure in our country is a new thing,it is relatively mature in foreign countries,the command mode in civil law countries and negotiation mode in common law countries are distinctive.Advice from others may help us overcome our shortcomings.In order to maximize the effectiveness of the procedure,we should learn favorable factors from two legal systems.It can be constructed from the two aspects of the theory and the theoretical foundation.Theory determines whether the system operates stably and smoothly,and ensures that the direction of development of the program will not be deviation and errors.So we must deal with relationship of justice and efficiency,punishing and defense crimes,trial simplification and trial center doctrine.It has to pay attention to foundation of pretrial procedure in construction of specific system,to achieve the perfect convergence of pretrial and trial stage,and solve problems in practice one by one,in order to pursue the maximum conservation of judicial resources and the efficiency of lawsuit.