Research On The Procedure Of Criminal Cases Speed Cutting

The criminal procedure of the pilot will help to further promote the character of criminal cases,optimize the allocation of judicial resources,improve the quality and efficiency of handling criminal cases,maintaining the defendant speedy trial rights,and accumulated experience for the reform and improvement of criminal procedure China.Since August 26,2014,the reform of the criminal trial procedure has been carried out for more than two years,and the pilot has attracted much attention from the theoretical and practical fields.In this paper,the criminal quick judicial procedure pilot as the research sample,focuses on the exploration of criminal pilot speed cutting program effectiveness and the existing problems,with the purpose of improving China's criminal quick judicial procedure and relevant legal amendments.The logic origin of the criminal procedure should follow the operation of procuratorial power,standardize judicial practices,through the introduction of advanced management concepts,integration and optimization of handling mode,innovation management,procuratorial resources,promoting the all-round speed cutting procedures in criminal cases.In summing up the experience,further optimized on the basis of legislation of criminal procedure to speed up the steps,by amending the law,the specific form of procedural law to regulate the application of the criminal procedure,which is applicable to the main program to actively improve the efficiency of criminal proceedings.This paper is divided into four parts.The first part is the concept of the criminal procedure.This paper mainly introduces the meaning and origin of the criminal procedure,the background of the reform of the criminal procedure,the trial rules of the criminal procedure,the connotation of the criminal procedure and the legal position of the criminal procedure.The criminal procedure of political value,simplify the procedure,the realization of procedural justice,enrich the connotation of modesty,better realize the value of justice.The second part is the experimental results and problems of the criminal procedure.This paper mainly introduces the background of the reform of the criminal trial procedure,the pilot rules and the results obtained in the pilot areas.And the applicable rate encountered in the work of lawyers,low rate low,pleaded guilty to the reason of the lack of relief of penalty,sentencing leniency system did not fully reflect the precise,difficult to grasp the right.The third part is foreign and expedite procedure similar to the procedure.This part from the judicial practice of various countries,the main developed countries are different from the ordinary procedures of the speed cutting procedures,such as the United States plea bargaining system,the German punishment procedures,the Italy plea bargaining system,and so on.The fourth part is some suggestions on perfecting the procedure of criminal procedure.This part mainly introduced,one is to expand the scope of the procedure and conditions,improve the criminal procedure applicable rate;two is to establish the law enforcement assistance system,improve the rate of lawyers;three is to optimize the supporting measures,fully embodies the guilty penalty system;four is to court,construction of sentencing negotiation mechanism;five is the process control as the focus,to promote the effect of fine handling;six is the guarantee of the right to know the parties.