Research On Criminal Speed Procedures In China

The new "Code of Criminal Procedure" in the handling of criminal cases,there are two procedures: First,ordinary criminal procedure;second is criminal summary procedure.From the practice point of view,these two programs can solve most of the criminal cases,criminal summary procedure than the ordinary criminal procedures to deal with cases more streamlined,but with the adjustment of social and economic development and criminal policy and a large number of minor criminal cases through the ordinary procedure and summary procedure to solve more difficult.Therefore,in order to resolve this contradiction,the introduction of criminal procedure in the Code of Criminal Procedure cutting speed is very necessary.Criminal speed cutting process more advantageous compared to the Simple Criminal Procedure.Criminal speed cutting program helps alleviate the number of minor criminal cases,to solve the "case few people" in handling conflicts,to make up for lack of simple procedures,improvement of legislation need to "Easy is not simple," the litigation process,and further promote criminal justice,to achieve the purpose of punishment.However,the speed of the CD criminal procedure also exist,such as: lack of law;litigation relating to protection of the rights of victims of imperfect;the scope of the case,no public hearing range of cases,fast trial proceedings and the main program is not clear and limitations;evaluation imprecise and mechanisms between the pilot and the sentencing court is not enough balance between similar cases,it failed to fully implement the guilty recognize fine leniency system.In this paper,the existence of the criminal status of implementation of quick judicial procedure problems by improving the speed of the CD criminal procedure legislation,laws to enable the judiciary;improve speed CD criminal procedural rights of victims of action to protect the victim's right to participate,right to know;clear criminal speed cutting program scope and conditions of application,clear criminal rate cut does not open cases before the scope is determined criminal speed CD program starts body and the trial process;improving the quality of legal aid,a clear position and role of legal aid lawyers;Perfecting criminal speed cutting program evaluation mechanism,promote criminal speed cutting program further;the establishment of a special criminal-speed CD court with dedicated judges in criminal speed CD cases;establish sentencing consultation system and to further extend "Detention straight v" concrete measures "bail direct appeal" and effective handling system,etc.,in order to further improve the criminal proceedings provide a specific path.