Research On The Speedy Proceeding In China

At present,on the one hand,as China is in the transition period of the market economy and social conflicts are increasing day by day,minor criminal cases in China are frequent;on the other hand,the system of education through labor has been abolished by law in our country,the eighth Amendment of China Criminal Law and the Ninth Amendment of China Criminal Law have been appear,the new illegal activities are defined as crimes,such as plagiarism,drink driving and other acts.More and more illegal activities are being included in the crime field,it causes a particularly large number of minor criminal cases.Therefore,in order to realize the diversion of procedures,to save judicial costs,Improve the efficiency of litigation,and to create multilevel criminal proceeding,it is necessary to establish a The Speedy Proceeding.The The Speedy Proceeding plays an important role.it can promote the diversion of procedures and improves the efficiency of litigation;it adapts to the development of substantive law and it implements the criminal policy of combining leniency with strictness;it refines and perfects the defendant's guilty plea procedure,and it realizes the diversified development of the criminal procedure system.The trial work of The Speedy Proceeding in our country mainly revolves around the "Measures of The Speedy Proceeding" and the "Measures of lenient system of guilty plea and punishment" developed by Supreme People's Court and Supreme People's Procuratorate.The scope of application of The Speedy Proceeding,the initiation of procedures,sentencing,and supporting measures were stipulated.The pilot areas actively explored and accumulated advanced practices and excellent experience.The "Interim Report on Pilot Cases of The Speedy Proceeding," released by Supreme People's Court and Supreme People's Procuratorate,shows that since the trial began,the efficiency of criminal proceedings has been significantly improved,lenient system of guilty plea and punishment has been pushed,and party rights have been more effectively protected.It promotes the overall advancement of judicial reform.However,due to the relatively principled and roughness and the lack of experience in the pilot areas,a large number of problems have arisen in the practical application of the criminal expedition procedure.The problems mainly focus on the scope of application to be clarified,the initiation mechanism of the procedure is not perfect,the simplification of the trial procedure is unreasonable,the provisions of the defendant's right to appeal are not appropriate,the duty lawyer system does not produce the desired effect,and the sentencing procedure needs to be clearly stipulates in the future legislation.This paper explores the causes of the problems in the trial work of The Speedy Proceeding and draws three main reasons.First,there is a deviation in the value objectives pursued by criminal expedited procedures;second,there is a contradiction between the expediency of criminal expedition procedures and the confrontation of court trials.This requires an in-depth analysis of the source of the problem,drawing on the excellent experiences of relevant countries and regions in the criminal expedition procedure,and putting forward sound suggestions in the light of the specific circumstances of the judicial practice in China.Specifically,the scope of application shall be limited to cases involving imprisonment of up to one year;and the negation of conditions shall be canceled;the prosecuted person and the People's Procuratorate shall be clearly entitled to the right to propose The Speedy Proceeding;The trial was reasonably simplified,the People's Procuratorate's designate staff to attend the court were abolished;the defendant's voluntary review mechanism was pleaded guilty,and the defendant's voluntary review mechanism and safeguard mechanism for guilty plea was established;Reserve limited appeal rights for the accused;implement the duty lawyer system,determine the status of the duty lawyer,strengthen the team building of the duty lawyer;Strengthen the standardization of sentencing,construct a perfect leniency system and realize the differentiation of complexity,perfect sentencing consultation system.