The Prevention Mechanism Of Misjudged Case In The Criminal Speedy Trial Procedure

As an innovative measure in the process of judicial reform in China,the Criminal Speedy Trial Procedure is based on the serious situation that the lawsuit delays and more cases with few people.Its establishment and trial is very effective and necessary to solve the current predicament of criminal judicature in our country.With the rapid development of the process,in improving the efficiency of litigation and saving judicial resources has achieved remarkable results,but it is undeniable that the most simplified procedures and compression of the trial period has virtually expanded the risk of making misjudged cases.The problem of extensive evidence-taking,confession reliance and criminal suspects ' right transfer caused by the Criminal Speedy Trial Procedure,the abuse risk of procuratorial power brought by the examination time limit and the procuratorial restriction anomie and so on,as well as the trial formalization,the confrontation pattern losing,the proof standard shrinking after the case enters the trial link,Pre-trial sentencing of judges may lead to the occurrence of criminal misjudged case.In order to further improve the Criminal Speedy Trial Procedure design,to ensure the compliance of procedural justice and substantive justice in the process of its application,and in accordance with the operating characteristics of each stage of the procedure,on the premise of insisting on the justice priority lawsuit value and the strict proof standard,to strengthen the protection of the legal rights of the accused,by establishing the scientific investigation,risk templates and evidence discovery system,to strengthen the substantive examination of the defendant's voluntary confession of guilt,and to construct a full range of misjudged cases prevention mechanism from the reform of sentencing procedure,the selection of specialized judges and the smooth process of procedure conversion,not only helps to maintain the justice of every case and the authority of judicial adjudication,but also the practical application rate of the program can be further improved,the advantage of raising speed and efficiency is made full use of.