On The Final Trial Of The First Instance Of The Quick Trial Of The Criminal Procedure

With the continuous promotion of the reform of the judicial system,the whole process of judicial reform has been deepened,and the basic ideas of improving the efficiency of the litigation and optimizing the allocation of judicial resources have been carried out in an all-round way.Under the background of such reform,the quick trial of the criminal procedure came into being,and promoted the improvement of the efficiency of criminal justice.It provided a new way of thinking for the "simple and simple diversion" of criminal cases in practice.However,the application of the procedure still exists the phenomenon of "inefficiency",which causes the waste of judicial resources,hinders the promotion of the efficiency of the lawsuit and destroys the dignity of the legal system.The crux of these problems lies in the fact that the existing quick trial of the criminal procedure have not broken through the fixed trial level system mode,which not only aggravates the legal system.The contradiction between the trial of minor criminal cases and the retention of the second instance procedure has hindered the realization of "speed" in the criminal procedure.Therefore,in the light of the "blowout" of the minor criminal cases,the pilot of the quick trial of the criminal procedure urges us to reexamine the principles and regulations of the final trial of the two trial cases in our country,so that we can fully and fully give full play to the advantages of the system of the speed discretionary procedure,which is the main purpose and the basic consideration of this article.From the theoretical point of view,in the current criminal procedure,the summary of criminal summary procedure is not enough to rely on the reliance on the fairness of the trial of the case.In fact,the role of the second instance procedure to guarantee the justice of the criminal case is magnified,not only through the second instance is the way to realize the fairness and justice.In addition,in order to give full play to the "quick" function of the criminal procedure in the existing criminal procedure,it must be "thin" from the system itself that has not been reduced.From the practical point of view,the "low appeal rate" and the technical appeal of the quick trial of the criminal procedure have aroused the appeal for the final trial of the first instance,and the limitation of the applicable conditions of the criminal procedure and the signing of the concrete book all guarantee the facts clearly,the evidence is sufficient,the defendant's right of appeal and the appeal of the appeal.Even if the first instance of the quick trial of the criminal procedure entered the second trial procedure,the cycle of the procedure was a great loss of judicial resources.The problems to be solved have very strong reference and feasibility;from the long term experience of the treatment of minor criminal cases in the extraterritorial areas,the criminal procedure applicable to such cases can completely improve the efficiency of litigation in a final way.From this,we can see that the formulation of the first instance of the quick trial of the criminal procedure has sufficient theoretical basis and practical basis,which is the proper meaning of the promotion of judicial efficiency in this procedure.In the mode of improving efficiency by the final trial of the first instance,it is bound to mean the absence of the judicial guarantee function of the original second trial procedure,and the key to the final trial of the first instance is whether the quick trial of the criminal procedure can guarantee "the most fundamental justice".By adhering to the three principles of "suspicion of crime without","evidence referee" and "presumption of innocence",the voluntary and truthfulness of the confession of criminal suspects and defendants can be guaranteed,and the same application of the standard of proof is guaranteed and the case is judged by the trial,and the timeliness,antagonism and supervision of the "effective help" can be achieved.It helps to provide security in terms of efficiency,entity and procedure;the type of case that the quick trial of the criminal procedure can be treated fairly at a final end is screened by limiting the scope of cases applicable to the quick trial of the criminal procedure;and the most simplified trial procedure is retained by the persistence and adaptation of the "trial as the center".Therefore,the criminal trial procedure should be carried out in first instance,and its fairness can be effectively guaranteed.In order to cope with the unavoidable judicial mistakes,the defendant can get the corresponding relief through the starting of the trial supervision procedure by the lack of the right guarantee in the quick trial of the criminal procedure of the first instance.Compared with the second trial procedure,the rectifying function and censorship function of the retrial procedure are unequal.Especially in the connection with the quick trial of the criminal procedure,the retrial procedure can not be restricted to the basic principle of "appeals do not add punishment".The wider application conditions and flexible system design also make the retrial procedure become the best choice of the quick trial of the criminal procedure.Therefore,through the analysis of the quick trial of the criminal procedure under the first instance,it can realize the further improvement of the judicial efficiency on the basis of guaranteeing the most fundamental fairness and justice,and cooperate with the trial supervision procedure as the final remedy,and form a complete system system to effectively handle the special criminal cases of minor proceedings of criminal cases.