On The Protection Of The Rights Of The Accused In The Procedure Of Quick Judgment

On October 26,2018,the newly revised "criminal procedure law"stipulates the quick criminal adjudication procedure,indicating that the quick criminal adjudication procedure is applicable in China in the form of formal legislation.Since2015,"criminal law amendment(nine)announced,a large number of minor criminal cases such as dangerous driving sin are written to the criminal law,give and I will be great pressure brought even more of a challenge to our judicial system,combined with the judge system reform,the specific number of limited categories.The judge and the contradiction between the increasing number of cases is more outstanding.Since the pilot of the criminal quick trial procedure in 2014,the criminal quick trial procedure has been simplified on the basis of simple procedure.In the past four years and more,the application of the criminal quick judgment procedure has played an obvious role in improving the trial efficiency and alleviating the problem of too many people and too few cases.However,to a certain extent,the rights of the accused also caused damage.Whether the rights of the defendant can be effectively guaranteed is an important sign to measure whether a country's criminal law is fair and just,as well as a standard to judge a country's legal civilization.If too much emphasis is placed on efficiency in criminal proceedings and the protection of the rights of the defendant is neglected,over time,it will cause citizens' distrust of national laws and affect the credibility of national laws.The criminal quick judgment procedure is mainly applied to minor criminal cases where the defendant confessing his guilt and accepting punishment.The main reason is that the defendant sacrificed some legal litigation rights in exchange for the improvement of the trial speed.Therefore,many reports about the court finishing a criminal case within a few minutes start to come into people's eyes.And when people hear the reports,will focus on the trial of criminal cases,how to quickly focused on the court to punish the defendant guarantee the rights of the victim,and ignored the criminal rate cut to sacrifice part of the criminallitigation rights of the defendant in the program,eventually lead to criminal rate cut the defendants' rights protected in the program.Based on the background of the emergence of the criminal quick ruling procedure,this paper analyzes the relationship between the criminal quick ruling procedure and the summary procedure,and concludes the necessity of the criminal quick ruling procedure.Secondly,the author analyzes the problems of the defendant's right to know,procedure choice and lawyer's right to defense due to the false trial.Then it analyzes the effective practices of Britain,the United States and Germany in terms of the protection of the rights of the defendant in the rapid trial procedure,the variable speed trading system and the punishment order procedure.Finally,the author puts forward three Suggestions: the defendant's right to know,the lawyer's defense,and the guarantee of the trial substance of the criminal quick trial procedure.This paper argues that the procedure which can simplify the omission should be compressed as much as possible,such as the omission of unnecessary case flow and the establishment of information sharing system between agencies.However,for the procedure that is beneficial to the protection of the rights and interests of the defendant,it should not be compressed due to the procedure reduction.Compared with the ordinary procedure,more attention should be paid to the improvement of the details of the rights of the defendant.