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Research On The Protection Of Defendantís Rights In The Criminal Fast-track Trial Procedures

Posted on:2019-03-28Degree:MasterType:Thesis
Country:ChinaCandidate:Y P ZhangFull Text:PDF
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Since October 14 th,2014,the criminal expedition began its pilot work in 18 cities including Guangzhou,Shanghai,Beijing and Tianjin.The fast-track trial procedures is a "re-simplification" of the summary procedure.It mainly resolves the conflict between minor criminal cases in China and the judges in the post system.Judges are lack of the energy in facing difficulties and complicated cases,and have limited judicial resources.This causes its failure to achieve reasonable configuration.The operation of the criminal quick-fix procedure has so far played an important role in the speed of the proceedings and the prevention of delays in the proceedings and easing the contradiction between many people and fewer cases,but it also damaged the defendantís litigation rights to some extent.The extent to which the defendantís legal rights can be maintained is an important factor in measuring the progress of a nationís rule of law.It is due to neglecting the protection of the defendantís rights,blindly pursuing high efficiency,and easily causing distrust of the publicís trust of the justice,and then affecting the stability of the development of the rule of law process.The purpose of the fast-track trial procedures for minor criminal is to improve the efficiency of lawsuits by compressing the litigation links and giving up the rights of lawful litigation of the defendant.Therefore,many reports are mostly concentrated on a certain court to complete trials and other results in limited time.However,this way pays more attention on high efficiency,which easily neglects some rights,which the defendant tries to simplify the procedure,which also causes it difficult to maintain the defendantís legitimate rights and interests effectively.This paper focus on the applicable criminal quick-disappearance procedure of the theft case of Liang XX in Guangdong Province,and then analyzes the defects of defendant Liangís right guarantee in this case,and which mainly states the lack of Liangís rights,such as,right to know,the optional right of procedure,formalized duty counsel system,lack of clear and effective sentencing incentive mechanism and sentencing negotiation system.The mentioned procedural rights are interrelated and interact with each other,which are entitled by the defendants.Therefore,in order to ensure the efficient operation of criminal fast-track trial procedure,it is necessary to attach importance to the full exercise of the defendantís rights.First,the defendantís right to know is the precondition of the operation of other rights.Only in this way can guarantee the autonomy of the operational right of the procedure.Second,when the defendant uses his operational right of the procedure,he mainly considers the scope of its penalty.The defendant should be given some incentives,because the criminal fast-track trial procedures is premised on the defendantís guilty defense,and the defendant allows some litigation rights to simplify the litigation process,this leads to the improvement of the litigation efficiency.But Chinaís criminal fast-track trial procedures havenít specified the specific provisions of the sentencing incentive system,and the law gives the judge too much discretion,which results in many differences in local pilots,which is not beneficial to the realization of fairness and justice.Third,criminal fast-track trial procedures should set up on-duty lawyers,but legislative provisions and practices does not give duty lawyerís status,and even some on-duty lawyers do not have the right of consulting rights.In addition,experienced lawyers have higher social benefits and gives duty lawyers low pay.Therefore,most qualified and capable lawyers are reluctant to engage in legal aid work,which leads to the mixed team of on-duty lawyers,who are lack of job experience.Therefore,the on-duty lawyer system exists in name only.Last but not least,the application of the criminal fast-track trial procedures needs the defendant to agree the sentencing suggestion,that is to say,the defendant and the public prosecutor are in agreement with the penalty.However,because of the differences in knowledge,status and the agency between the defendant and the public prosecution,and the unbalance of the prosecution and defense forces.Therefore,to ensure the sentencing negotiations is substantive and effective,there must be a lawyer in the case.This article analyzes the defects of the protection of defendantís rights in the criminal fast-track trial procedures and uses the reference to the extraterritorial plea bargaining procedures and the legislative protection of the defendantís rights in the punishment order procedure,in order to propose feasible legislative perfection measures to protect the criminal fast-track trial procedures,which ensures the fairness and efficiency of the operation.
Keywords/Search Tags:criminal fast-track trial procedure, the optional right of procedure, sentencing negotiations, right to defense
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