Giving Consideration To Justice And Efficiency:the Research On Procedure Of Quick Criminal Decisions

In the premise of ensuring judicial fairness,optimizing the allocation of judicial resources,improving the efficiency of litigation,and achieving an organic balance between justice and efficiency of litigation is the original intention of constructing the criminal quick decision procedure.In August 2014 the Supreme People's court and the Supreme People's Procuratorate,Ministry of public security,Ministry of Justice jointly issued "on the pilot program in criminal cases speed cut in parts of the way" as a symbol,criminal cases cutting speed pilot program officially launched.A is one of the pilot units in the district court worked through more than two years of judicial practice,found that the litigation efficiency of criminal cases for fast cutting procedure is greatly improved,the defendant's personal litigation rights can be fully guaranteed,the initial formation of construction of sentencing consultation mechanism,but also found some problems in practice,such as the scope of the limitations of the program start difficulty.In order to more fully reflect the system of criminal quick decision procedure pilot work,the operation data in the past two years of work A District Court for collection and analysis,summarize the experience,find problems,and attempts to analyze the causes of the problems,put forward the path to improve the criminal quick judging procedure.In addition to the introduction and conclusion,the full text is divided into four parts:the first part is an overview of the criminal quick decision procedure.Proceeding from the background of the criminal quick decision procedure,this paper analyzes the value of the criminal quick cut procedure from the different angles of the judiciary and the parties,and expounds the applicable scope of the criminal quick decision procedure.In the second part,from a comparative perspective to plea bargaining rules,criminal procedure and the criminal summary procedure of our country are exploring in the practice of guilty penalty leniency system were compared,focusing on the comparison between different through the system to clarify the core value of criminal quick judging procedure.The third part,based on the operation effect of the criminal quick cut procedure in judicial practice,expounds the operation of the criminal quick decision procedure in the court of A district.From the analysis and summary of the case data and the actual scope of the case,the trial and the judgment,the article discusses the problems in the operation of the criminal quick decision procedure.The fourth part is the reconstruction of criminal quick decision procedure.In view of how to improve the criminal quick cutting procedure,this article puts forward concrete suggestions and opinions from three aspects of legislation,judicature and supporting system.