Study On The Rapid Procedure Of Criminal Cases

Practice is developing,legislation needs to follow The Times.With the deepening of reform,the national legal system is gradually improving.Criminal procedure law can guarantee the realization of the rights and obligations of the criminal entity,played a big role in promoting fairness and justice and protection of litigation rights,in recent years,it has been changing.To observe the reform of criminal procedure law,mainly composed of due process,the improvement of the efficiency of the lawsuit is obviously not the focus of reform.8 and 9 of the criminal law amendment,and the abolition of the reeducation through labor system,some minor offences were sentenced,new requirements for criminal justice reform are put forward.The standing committee of the National People's Congress deliberated and approved a pilot study in 18 cities across the country--the rapid procedure of criminal cases in 2014,and then,the supreme people's court,the supreme people's procuratorate,the department of justice and the ministry of public security joint development to carry out the pilot work in the rapid procedure of criminal cases.For more than three years,the program was well received,the criminal justice efficiency has been greatly improved.According to the pilot review of the standing committee of the National People's Congress,the pilot work will continue,when the time is right,it becomes law.The rapid procedure of criminal cases is in the summary procedure to simplify again,it's a simple procedure.At this stage,problem of trial cycle of criminal cases in China is too long,detention beyond the legally prescribed time limits and so on.Set up the rapid procedure of criminal cases not only has a positive effect on improving the criminal justice efficiency of our country,and it has important influence on the strengthening of defendant's rights.But there are problems in practice,such as,scope of application of the case,duty lawyer problem and so on.The solution to these problems will better promote legislative success.The article will analyze the rapid procedure of criminal cases,firstly,the concept of the rapid procedure of criminal cases is defined,and analyze its characteristics.The second,discuss the legal basis of procedure and historical evolution,the justification and the scientificity are discussed,introduce the gradual evolution of summary procedure.Thirdly,to study and analyze advanced legislation in foreign countries,in order to provide useful reference for China's legislative reform.Fourthly,analysis of the problems occurred in the pilot program in three years,this part will be the focus and innovation point of the research.Fifth,for the existing problems,at the end of the article,some suggestions will be put forward,in order to better improve the criminal case speed cutting procedure.