On The Court Proceedings Of Criminal Quick Judging Cases

During the procedure of the criminal quick judging cases,the judge wouldn't trail the crime accused and the criminal facts so that the court proceedings could be simplified.And the object of the court proceeding has been changed from criminal facts to the facts of voluntary or confession,so the judge should guarantee the the voluntary and knowing of the accused,then takes the proper sentence to the accused according to the sentence advice from the prosecutor.While actually in the juridical practice,the court would end even in minutes,the review for the voluntary and knowing of the accused is simplified,and this situation is even worse than ordinary judging procedure and simple judging procedure.Then there is no doubt that the functions of the criminal quick judging cases couldn't be shown effectively.The study of the criminal quick judging cases not only has its authority meaning but also play a vital role in juridical practice.The procedure of the criminal quick judging is beneficial to find the problems existed,and also do good to find some solutions to solve in the long run.Apart from the Introduction,the paper will be organized in three parts,and includes more than 30000 words.The first part will discuss the functions and the feathers of the procedure of the criminal quick judging cases.There is a difference between the object of the criminal quick judging cases and the object of Ordinary Judging procedure,Simple Judging procedure.The object of the Ordinary Judging procedure,Simple Judging procedure is focused more on the accused facts,while the object of the criminal quick judging is paid more attention on the facts that the accused admitted voluntarily and knowingly.The trial of the criminal quick judging cases aims at figuring out the voluntary and knowing of the surrender from the accused and the legality and propriety of the sentencing advice from the prosecutors so that the judge could make the accurate sentence.The second part of the paper will discuss the present situation of the procedure of the criminal quick judging cases.First,it will introduce the trial methods of the criminal quick judging cases,including centralized hearing and the remote video processing.Second,it will introduce the court proceeding procedure,and analyze the disadvantages of the written hearing in the criminal quick judging procedure.And there is without doubt that insisting on the court proceeding is necessary in the criminal quick judging procedure.Last,the problems existed in the criminal quick judging procedure will also be discussed,for instance,a)There is a serious formalizing during the court proceeding and then the knowing of the accused hasn't been taken seriously,The judge did not fully fulfill the duty of informing,so it is obvious that the right of accused wouldn't been protected well.b).There are serious problems in the formalization of the trial.The judge is not strict in the examination of the defendant's voluntary confession,so it is difficult to protect the defendant's voluntary confession.c)The reason that the duty lawyers lack the right to appear in the court caused the cases where the voluntary and knowing of the defendant couldn't be well protected.In the juridical practice,whether the defendants receive an effective assistance from the duty counsel depends more on the signature on the affidavit checked by the judge,which is difficult to confirm if the defendant received the assistance or not.d)The change of the trial procedure sill need to be improved.The law didn't clearly distinguish the situation from the criminal quick judging procedure to ordinary judging procedure,simple judging procedure,so that if there is a case needing to turn the judging procedure,the judge wouldn't know how to make it.As well,the guilty confession of the defendant in the court,the prescribed period for litigation need a clear stipulation.The third part will focus on the improvement of the problems in the court proceedings of the criminal quick judging procedure.The first advice is that Strengthen the duty of the judge's right to inform,fully protect the defendant's right to know,so as to ensure the knowing of the defendant's confession.The second advice is that it need to enhance the review the voluntary of the accused and then make sure the details of the voluntary of the accused through checking whether the organ of the investigation,protectorate performed duty well,whether the duty counsel provided the assistance,whether the voluntary of the defendant was affected or not.The third advice is that reform the rules of the duty counsels by giving the duty counsels the right to appear in court so that the duty counsels could protect the voluntary and knowing of the defendants,and also do good to the review,give the opinions to the judge.The same time,it is also helpful to introduce the concept of effective defense which aims to announce the invalid confession or surrender of the defendants for a lack of the effective assistance from the lawyer.The fourth advice is that it is necessary to improve the procedure of the change of the court proceeding,clarify the situation,conditionsd and consequences where there is a need to change to the ordinary judging procedure or simple judging procedure.