Research On The Simplified Reasoning Of Adjudicative Documents In The Fast-Track Sentencing Procedure

In recent years,with the economic development and the rise of crime rate of our country,the court is facing more and more pressure on "having more cases and fewer people".In order to further promote the distribution of complicated and simple cases,optimize the allocation of judicial resources and improve the efficiency of litigation,the fast-track sentencing procedure for criminal cases arises at the historic moment.It plays an advantage in improving the efficiency and reducing the working pressure of the courts.At the same time,it should be noted that the fast-track sentencing procedure will no longer carry out court investigation and court debate during the court proceedings.Such procedural setting deprives the accused of certain procedural rights and interests.And the extreme simplification of procedure leads to the increased risk of entity injustice.In order to ensure the fairness of cases handling and protect the legitimate rights and interests of the accused,the simplified reasoning corresponding to the fast-track sentencing procedure should also be paid attention to with the reform and improvement of the fast-ruling procedure.This paper altogether more than 30,000 words,besides the introduction,includes three parts.The first part is the basic theory of simplified reasoning of adjudicative documents in the fast-track sentencing procedure,which contains three aspects: basis,characteristics and functions.In terms of the basis of simplified reasoning,from the perspective of jurisprudence,it's taken for granted.It is the constraint on the operation of public power and judicial behavior,is the inevitable requirement for citizens,especially the accused,to enjoy the right to know adjudicative reasons,and is also the extension and pursuit of judicial rationality.From the aspects of law and policy,it is the trend of reform.And it meets the requirements of the fast-track sentencing procedure.The characteristics of simplified reasoning are obtained by comparing the fast-track sentencing procedure with the ordinary procedure.Its value pursuit emphasizes efficiency on the basis of justice.It requires a proper explanation on the accused's voluntary admission of guilt and acceptance of punishment and leniency in sentencing in the case of the court changing the public prosecution authority's sentencing recommendations.The simplified reasoning plays a big role in applicationi,including improving the efficiency of litigation and saving judicial resources,proving the reasonableness of judgment and improving judicial credibility,promoting the diversion of complicated and simple procedures and optimizing the application of procedures,restricting judges' discretion,recording and reflecting the trial and so on.The second part is about the problems of the simplified reasoning,which is supplemented by the cases of the online adjudicative documents as a reference.This part explains the advantages of applying the form judgment,but also puts forward that the form judgment does not apply to all cases in fast-track sentencing procedure.For the cases that the court change the sentencing recommendations of the public prosecution authority,the simplified reasoning has the following problems.First,the court does not explain the change in sentencing recommendations.The court changed the contents of the recommendations of the public prosecution authority on sentencing which the accused accepted,but did not give a reasonable explanation.Second,the adjudicative documents are not sufficient for the demonstration of the voluntary confession and punishment.In such special cases it is difficult to ensure the realization of the voluntary confession and punishment of the accused.Third,the format of the adjudicative documents is excessively rigid.The original intention of form judgment is to be uniformly applicable,efficient and convenient.However,in cases where the court changes the sentencing recommendations,there would be obvious logic errors if the form judgment was still applied mechanically.These problems are related to the standardization and the realization of functions of the simplified reasoning.If these problems are not solved,the simplified reasoning of adjudicative documents of the fast-track sentencing procedure can only stay at the level of requirements.The third part is the suggestion of the simplified reasoning of the adjudicative documents in the fast-track sentencing procedure.As to the problems existing in the simplified reasoning,firstly,the content of simplified reasoning should be clarified.The reasons for the court to change the sentencing recommendations should be explained in the adjudicative documents and the voluntariness of confession and punishment of the accused should be ensured.Secondly,to reform the rigid form judgment,it is necessary to make it clear that the purpose of the reform is to deal with the cases where the court changes the sentencing recommendations so as to achieve a targeted simplified reasoning of the adjudicative documents.Finally,it is necessary to perfect the supporting mechanism of simplified reasoning.Starting from the subject of reasoning,it is essential to clarify the dominant position of judges,continuously improve the professional ability and the sense of mission of judges,set up special judges,and construct the evaluation standard and assessment mechanism for the simplified reasoning.Through this series of measures,we can make our country's simplified reasoning standard,flexible and moderate,so as to promote the reform and improvement of the fast-track sentencing procedure.