| Criminal Expeditious Adjudication Procedure is a kind of case handling procedure created by criminal judicature in our country.It is another important measure to perfect criminal procedure after summary procedures of our country.The procedure was initially authorized by the Standing Committee of the National People's Congress to allow the Supreme People's Court and the Supreme People's Procuratorate to carry out a two-year trial operation in some areas.According to the “Decision”,the Supreme People's Court,the Supreme People's Procuratorate,the Ministry of Public Security and the Ministry of Justice jointly promulgated the “Measures for the Pilot Work of Criminal expeditious Adjudication Procedure in Some Areas”.The regional judicial practice of the trial operation of the procedure shows that the criminal expeditious judgment procedure plays an important role in promoting the diversion of complex cases and simple cases,optimizing the allocation of judicial resources,improving the quality and efficiency of handling criminal cases,safeguarding the legitimate rights and interests of the parties,and promoting social harmony and stability.The Supreme People's Procuratorate authorized by the Standing Committee of the National People's Congress,adopted by the 22 nd Session of the Standing Committee of the Twelfth National People's Congress on September 3,2016,requires to continue the trial of the Criminal Expeditious Adjudication Procedure in the original pilot areas in accordance with the new pilot method.According to the new authorization,the Measures of the Pilot Work of Leniency System for Pleading Guilty and Punishment in Criminal Cases in Some Areas issued by the Supreme People's Court,the Supreme People's Procuratorate,the Ministry of Public Security,the Ministry of State Security and the Ministry of Justicewere promulgated on November 16,2016,which further improved the Criminal Expeditious Adjudication procedure on the basis of the original provisions.On May 9,2018,the draft of the Criminal Procedure Law(Amendment Draft)published by the China National People's Congress(NPC)website on May 9,2018 explicitly contains the Criminal Expeditious Adjudication Procedure.Based on the shortcomings of the existing provisions of Criminal Expeditious Adjudication Procedure,this paper puts forward some suggestions to improve it,expecting to benefit the judicial practice and future legislative confirmation of Criminal Expeditious Adjudication Procedure.In addition to the introduction and conclusion,the thesis is divided into four parts,more than 20000 words.The first part is about the content and the system value of Criminal Expeditious Adjudication Procedure,introduces the contents of the procedure and the characteristics of quick and efficient case handling,and expounds the three advantages of the procedure: Firstly,it is beneficial for criminal suspects and defendants to reform themselves and reintegrate into society.Secondly,it is conductive to improve the efficiency of litigation and reduce the burden of litigation participants.Thirdly,it helps to optimize the allocation of judicial resources.The second part points out some shortcomings in the Criminal Expeditious Adjudication Procedure in China.The main manifestations are: First,there are shortcomings in the situation of restrictions application of criminal cases fast-track trial procedures.The situation is "difficult,complicated,or has significant social impact".It is difficult to define the situation.The provisions of which have the words of "The accused is blind,deaf,and dumb and so on." are suspected of discriminating against the disable;Second,criminal suspects and defendants can only passively choose criminal cases fast-track trial procedures;Third,the duty counsel system needs to be improved;Fourth,the suspects and defendants are wide Penalty protection needs to be strengthened;Fifth,there is a disconnect between the criminal procedural procedures at all stages of the litigation;sixth,there are deficiencies in the social investigation and evaluation procedures.The third part is a comparative study of similar systems outside the domain.It introduces the German penalty order procedure and the US plea bargaining system.China's criminal cases fast-track trial procedures are different from the penalty order procedure and the plea bargaining system.However,criminal justice in various countries is similar,and the experience of successful extraterritorial justice can be used by China.This paper believes that the reference significance of the extraterritorial similar system has three points: First,make full use of criminal cases fast-track trial procedures to achieve case diversion and streamlining to improve the efficiency of litigation;Second,fully protect the criminal suspects and defendants' litigation rights;Third,fully exert the sentencing system incentives to increase their applicability.The fourth part puts forward six suggestions on perfecting China's Criminal Expeditious Adjudication Procedure,that is,perfecting the restrictions on the application of Criminal Expeditious Adjudication Procedure restrictions;fully granting and guaranteeing criminal suspects and defendants' Criminal Expeditious Adjudication Procedure selection rights;improving the duty lawyer system Ensure Criminal Expeditious Adjudication Procedure for criminal suspects and accused persons from lenient and practical;increase victims' reasonable intervention in Criminal Expeditious Adjudication Procedure;improve Criminal Expeditious Adjudication Procedure for judicial handling of cases,set up information sharing mechanisms for judicial cases as well as improve social assessment report working mechanism. |
PDF Full Text Request