Research On The Criminal Speedy Procedure In China:from The Perspective Of Human Rights Protection

In 2014,The criminal speedy procedure was piloted in China.In the following three years,Chinese judicial organs have continuously issued regulatory documents to push forward the criminal speedy procedure.During the pilot process,this procedure has expressed its advantages,but also showed some existing problems which need to be further studied and consummated.The criminal litigation system and plea-bargain leniency system that center on judgment are deemed as the basic orientation for the reformation of criminal justice.However,the rational pattern of constructing criminal speedy procedure concerns about the realization of the reform target of criminal justice.Therefore,we must consider about how to reasonably consummate the criminal speedy procedure.In view of the important status of human rights protection in criminal proceedings,what is more crucial is that we should consider about the criminal speedy procedure which can simplify the procedure of handling the cases.However,it will derogate the realization of procedural justice to certain degree.In order to realize the target of procedural justice,we have to construct the criminal judgment procedure based on human rights protection.Regard to the discussion on immediate criminal judgment procedure from the perspective of human rights protection,this paper consists of the following aspects:Chapter one is the overview about the criminal speedy procedure.Through analyzing related regulatory documents,it views that the criminal speedy procedure differs from common procedures and simple procedures among the procedures of first instances in criminal justice,and it is more convenient than simple procedures.Besides,it differs from the simple procedures in general meaning from the applicable scope,applicable conditions,and program start.In other words,it can display its unique value targets and program positioning.Chapter two is the analysis for the operation of criminal judgment procedure.By means of empirical studies,judgment&decisions websites for non-litigation cases,as well as the statistical data through investigation,it shows the pilot operation of criminal speedy procedure in China,and summarizes its primary achievements in pilot:the lawsuit effectiveness is enhanced,the plea-bargaining leniency is reflected,and the rights of the party concerned is safeguarded.Chapter three is the analysis for the human rights protection in the criminal speedy procedure.Except the common rights of all the criminal processes,the rights of the investigated party involved in the criminal speedy procedure mainly include:right of option of civil procedures,voluntary right of plead guilty,the right to counsel,and the right of speedy trial.The rights of the aggrieved party mainly include:procedural participation right,right of option of civil procedures,and right of material compensation.By combining the practical effect,this paper analyzes the weaknesses and causes of human rights protection in the criminal speedy procedure.Chapter four is about constructing the criminal speedy procedure from the perspective of human rights protection.The construction of the criminal speedy procedure from the perspective of human rights protection needs to preserve the balance between judicial justice and judicial efficiency,maintain the balance of the rights between the accused party and the aggrieved party,and also propose corresponding suggestions for consummation aiming at the weaknesses.