| To further improve the criminal procedure,rational allocation of judicial resources,improve the quality and efficiency of criminal cases,and safeguard the legitimate rights and interests of the parties,the twelfth National People's Congress Standing Committee of the ninth meeting in June 27,2014 vote "(Hereinafter referred to as the "decision"),authorized in Beijing,Shanghai,Guangzhou and other 18 cities to carry out criminal trial procedures for speeding up the work of the criminal trial program(hereinafter referred to as the "decision"),the Beijing Municipal Government.In accordance with the Decision,the Supreme People's Court and the Supreme People's Procuratorate,jointly with the Ministry of Public Security and the Ministry of Justice,jointly issued the Measures for Trial Pilot Work on Criminal Cases in Selected Areas(hereinafter referred to as the " "),Pilot work officially started.This is a new exploration reform for the criminal procedure after the reform of the simplified procedure,the simplified procedure of the ordinary procedure and the quick handling mechanism of the minor criminal cases.It is also the first time that the reform of the criminal procedure has been carried out by means of experimental legislation.Pilot.Up to now,two years of pilot work has ended,entered the final summary stage.The speed of criminal procedure in various local judicial practice has achieved varying degrees of practical results,the formation of the different characteristics of practice,but on some major issues around there are different practices.The purpose of this paper is to sort out and analyze the properties and characteristics of the quick-cut program and the results and shortcomings of the program in order to find out the advantages and disadvantages of the quick-cut program in the aspects of simplification of program and protection of rights.Improve the space.Study of practical issues to do with rich theoretical knowledge,in order to better study explores the application of the criminal case speed cutting process in practice,the first part of the article first discusses the criminal case speed cutting program related theoretical issues,focusing on the nature of the criminal case speed cutting program positioning,value orientation and carried on the thorough analysis and research,and academic debate on this question is a certain degree of comb,and put forward its own views and opinions.The second part through the speed cutting procedure of criminal case investigation,to understand the criminal case speed cutting program in two years of applicable conditions in the process of the pilot.Articles of criminal cases first speed cutting pilot program specification based on the analysis of interpretation,and selected the three representative pilot cities,the applicable criminal rate cut in the process of criminal lawsuit procedure,has carried on the detailed investigation by comparison with detailed data in order to find the criminal rate cut in the pilot program results and existing problems in the process.The third part is mainly on the practical operation of the collected detailed analysis and research,and combined with other parts of the situation on the criminal speed cutting application results and the existing problems are expounded.Criminal rate cut program in two years of remarkable achievements in the pilot work,efficiency improved significantly with the criminal litigation,the defendant sentenced to higher rates,non custody non-durance penalty applicable rate is higher,the compulsory measures and more help to misguided criminals better and faster return to integrate.Criminal rate cut,of course,also exist in the process of pilot program applicable type concentration of cases and start the procedure is not reasonable,the duty lawyer unknown functions,still need to continue to improve.The fourth part focuses on the criminal rate cut pilot program problems existing in the process of the improvement of the in-depth analysis and research to put forward the corresponding countermeasures.First to widen,the applicable scope of the criminal rate cut program should start from changing the concept of the personnel handling the case,to meet the applicable scope of the case criminal speed cutting process priority choose speed cutting procedure.Second to standardize the procedures of criminal rate cut boot mode,perfecting the existing investigation organ,prosecutors and defenders suggestion right to start,and explore to take the initiative to start speed of the people's court the power of the cutting process and the criminal suspect or defendant voluntarily the right to apply for a suitable speed cutting program.Third to build the duty lawyer forced intervention system,hearing a case about applicable speed cutting process has not entrusted anyone to be his defender the criminal suspect or defendant,the people's court shall specify the duty lawyer to provide legal aid to help.Fourth to preferential sentencing system,explore the rate cut will agree to apply program as a sentencing preferential terms,to apply to speed cutting application cases of the defendant shall be no punishment.5 to build perfect program transformation mechanism,speed and cutting procedure to apply case found in any part of the litigation should not apply speed cutting process can be smoothly when converted to other programs continue to deal with. |
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