Empirical Study Of Minor Criminal Cases Speedy Trial Mechanism

Since the implementation of the rapid trial mechanism of minor criminal cases,The trial of minor criminal cases has made considerable progress.To a certain extent,it relieved the pressure of the court case is more or less and improved the efficiency of litigation.But with the development of practice,there are some problems in it.And it sparked controversy and discussion once again.Based on the reality and urgency of the reform of the mechanism,the author thinks that the judicial practice activities with each passing day provide a broad space for positive research.Based on minor criminal cases trial of outstanding problems in the practice of mechanism analysis,this article will use the empirical analysis method to further analysis of the problem and further application program entity level.This paper summarizes the main problems of the application of the mechanism in the stage of the court,and tries to put forward some practical suggestions for improvement for practice.Besides the introduction and conclusion,the paper is divided into four parts,about 30000 words.The first part is under the background of the rising of international criminal rate,the number of criminal cases in China is increasing rapidly.With the data analysis to illustrate the current situation of China's judicial organs more than a small number of prominent contradictions.And it is urgent to establish a rapid trial of minor criminal cases mechanism to resolve this contradiction.The second part is the specific analysis and summary of the basic operation of the minor criminal cases in the judicial practice.By means of empirical research on the Midwest four regional practice survey,including procedures for the use of rate in the country,the four aspects of the applicable scope of cases,the trial time,custody rate and the rate of appeal and the defense case rate for field research,access to research data.Overall,the operation of the mechanism to a certain extent,alleviate the current situation of China's courts more than a few contradictions.However,through the analysis of the data,there are many defects in the operation of the mechanism,and did not fully realize the overall efficiency of the minor criminal cases.The third part discusses the problems in the operation of the rapid trial mechanism of the minor criminal cases.Through empirical analysis,the minor criminal cases trial mechanism there are four main problems in practice,one is the diversion of cases limited judicial resources are not optimal,although two is the trial time shortened,but the overall speed increase is limited,three is the excessive pursuit of the efficiency of litigation may lead to the damage of litigation rights of the parties,four is procedure simplification results judgment result may be error.Under the joint action of these problems,the overall efficiency of the operation of the mechanism is not high,and it is difficult to protect the rights of the parties,even the unfair judgment.In the fourth part,the author puts forward some concrete ideas to perfect the system in light of the problems existing in the practice of the trial mechanism of minor criminal cases.This part is based on the successful experience in practice,to improve the integrity of the mechanism,in order to build a high-speed,impartial case handling procedures.First,improve the triage mechanism before the trial.To expand the scope of the application of the mechanism is not limited to the standard of exploration at this stage,so that the coverage of the mechanism to expand and improve the court case more than a few people.In addition,the expansion of the right to start the main program.It is clear that the public security organs,procuratorate and the courts are able to start the mechanism,and even the parties can apply to start,fully implement the mechanism is fully applicable to minor criminal cases.Second,the establishment of the relevant supporting measures.Do a good job of the court's administrative work,but also to do a good job of the three organs of mutual cooperation,so that the overall reduction in litigation time,improve litigation efficiency.In addition,it is necessary to establish the mechanism of transformation and relief mechanism,so that the mechanism can effectively run.Third,strengthen the protection of the rights of litigants.To protect the litigation rights of the parties,to improve the protection of their procedural rights in the procedure,to a certain extent,reduce the appeal.Fourth,standardize the trial supervision mechanism.Only to improve the supervision mechanism,to a certain degree of restrictions on the jurisdiction of the court,gradually reduce the operation mechanism of risks,promote the verdict of the justice,it is also the objective requirement of the minor criminal speedy trial mechanism.