The Right To Speedy Trial Of Accused Person

The Right to Speedy Trial is a concept originated in the Anglo-American law system,means that in all criminal proceedings,the suspect and the defendant should enjoy the right to a rapid and public trial.As an important constitutional right to human rights protection,The Right to Speedy Trial has been recognized by many national legislation and international human rights conventions.Based on the status quo that the protection of the rights of criminal defendants is not paid enough attention in China's criminal justice and legislation is not yet complete,from the reality of the community needs,use comparative analysis,refer to rapid trial power system legislation experience of the United States,Germany,Japan and other countries,suggest that criminal defendants are confirmed to enjoy a speedy judicial power in the Constitution,And build defendants' the Right to Speedy Trial system in our country through legislation or amendments to the relevant laws and regulations.This paper is divided into four parts:The first part is the summary of accused person.This part first introduces the concept of the Right to Speedy Trial of criminal prosecutors,And back to the origin and development of the Right to Speedy Trial,and then point out that the Right to Speedy Trial is a procedural right,with positive and negative dual nature and so on,And discusses the legal basis of the Right to Speedy Trial from the constitutional theory,procedural justice theory,litigation economic theory.Finally,it expounds the value and significance of the Right to Speedy Trial,such as the protection of the legitimate rights and interests of the prosecuted person,improvement of the litigation efficiency,saving litigation resources.The second part is the comparative study of the question of the rapid trial power of criminal prosecuted person.This section is mainly for the representative countries,regions and international organizations on the reconsideration of the system,make the comparative analysis of the relevant provisions of their the Right to Speedy Trial protection mode,the examination and approval criteria and the relief measures,and sum up its common characteristics.The third part is the present situation and existing problems of the reconsideration in our country.Through the relevant criminal legislation in China comb,it is concluded that China's current the Right to Speedy Trial legislation is missing but without losing the system gene,and at the same time the system of criminal proceedings term is still unreasonable,Leading to a few major problems:Pre-trial detention period is too long,the simple procedure is not perfect,centralized trial principle is not in place.The fourth part puts forward some suggestions on the construction of the quick trial system in our country.First from the judicial level,theoretical level,human rights protection level analyze the necessity of establishing the Right to Speedy Trial system in China;Then,this paper puts forward the concrete design conception of the rapid trial power system of criminal cases in China,such as relevant legislative model,review standard,relief mode;Finally,some suggestions and countermeasures are put forward to improve the guarantee supporting system of the Right to Speedy Trial system in China.