Study On Should Public Prosecutors Appear In Court In Criminal Speedy Trial Procedure

According to the stipulation of summary procedure in the 175 th section of the 1996 Criminal Procedure Law,the people's procuratorate can send a member to appear in court to support public prosecution for the summary procedure trial.Since then,in the judicial practice,due to the small number of case handling personnel but the large number of cases,for the pressure of handling cases,the grassroots procuratorate will not send members to appear in court for the trial of summary procedure cases.In 2012,the Criminal Procedure Law made a great change to the summary procedure,which not only expanded the scope of application of the summary procedure,but also stipulated that,for all cases of public prosecution,the people's procuratorate should send a member to appear in court to support the public prosecution.This change had a great influence on the procedure of public prosecutor's appearing in court and the court's original summary procedure model.To the dilemma caused by the new Criminal Procedure Law of cases handling pressure increased,the Standing Committee of the National People's Congress issued Decision of the Authorization of the Supreme People's Court,the Supreme People's Procuratorate to Carry Out the Pilot Work of the Criminal Cases Quick Judging procedure in Some Areas(hereinafter referred to as Decision).Conducting experimental legislation in the judicial field.Decision clearly requires that the criminal cases quick judging procedure should be "further simplified the relevant proceedings stipulated in the criminal procedure law".The whole text is divided into three parts expect the introduction and the concluding remarts:Although quick judging procedure is a simpler procedure than the summary procedure,Decision doesn't clearly indicate which procedures can be simplified,which procedural can be simpler than the summary procedures and whether the public prosecutors should appear in court to support the public prosecution? Decision only mentioned that the criminal cases quick judging procedure should obey the basic principles of Criminal Procedure Law during the pilot period,fully protect the litigation rights of the suspects and defendants to ensure judicial justice.Therefore,in the case of practical application,the public prosecutor still needs to appear in court to support public prosecution,it only derives several new modes of appearing.In this regard,there are various discussions in the academic and practical circle.As forwhether the public prosecutor should appear in court in the quick judging procedure,most scholars believe that the quick procedure is a kind of summary,so it should also follow the relevant stipulations of the summary procedure in the current Criminal Procedure Law,the public prosecutor should appear in court.Some scholars believe that the quick judging procedure is a new procedure which is independent of the summary procedure,parallel to the ordinary procedure and the summary procedure.It is the third procedure derived from the situation that ordinary procedure and the summary procedure can't meet the actual needs.The value orientation of the three procedures is different,the ordinary procedure emphasizes justice,the simple procedure takes both fairness and efficiency into consideration,while the quick judging procedure emphasizes efficiency.Consequently,the quick judging procedure should be different from the summary procedure,Otherwise,it doesn't make much sense to take it as an independent procedure.Moreover,in judicial practice,prosecutors need to deal with a large number of cases,while the details of cases applicable for quick judging procedure are relatively simple,criminal facts are clearly,the charges are slight The defendant has no objection to the criminal facts,accusations and sentencing.the prosecutor is not necessary to appear in court.There are four parts in this artical.In the first part,the author investigates the current mode of public prosecutor appearing in court in the criminal quick judging procedure :respective appearing,full-time public prosecutor and concentrate appearing.The second part analyzes the existing problems of current appearing mode and the reasons caused these problems.At present,the public prosecutor's appearing will increase the workload of the prosecutor,and the appearing prosecutor is not clear about the details of most cases,which is not conducive to undertake the liability of the case,nor can it play a substantial role in court trial.The reason,first,the value orientation of the quick judging procedure is efficiency;Second,the defendants of cases applicable for quick judging procedure have no objection to the criminal facts and charges;Third,the quick judging procedure eliminates most segments of the criminal trial.Fourth,cases existing problems which are converted to simple procedure or ordinary procedure before the appearing.The third part discusses the countermeasures to solve these existing problems,that is,what should be stipulated in the formal legislation after the end of the pilot work?the quick judging procedure apply to minor criminal cases and the defendant voluntary confess.In this cases,the facts are clear,the evidences are ample,the defendant voluntary confess and has no objection to the charges and sentencingrecommendations,the so-called debate does not exist on the court,the formal implementation of the three party structure doesn't make much sense.Legal supervision can be carried out through the other way,the public prosecutor doesn't virtually affect the defendant's rights even if it doesn't appear in court.Since the most important spirit of quick judging procedure is "saving judicial resources and dealing with a large number of minor criminal cases quickly",so whether the public prosecutors need to appear in court in all the procedures,it's worth thinking.Therefore,on the basis of the procedure of punishment,the author puts forward the suggestion that the public prosecutor don't have to appear in court when the case is applicable to the quick judging procedure and to improve the relevant system,such as a series of measures to implement the duty system of lawyers,ensure the defendant's right of choice of procedure,strengthen the review to the voluntary of the defendant's confession,improve the sentencing suggestion in order to ensure quick judging procedure of trial work smoothly.