The Application And Restriction Of Written Trial In Criminal Quick Trial Procedure

At present,the criminal quick trial procedure in our country is highly compatible with written trial in terms of legislative purposes and functions.On the one hand,the application of written trial in the criminal quick trial procedure is conducive to the improvement of the efficiency of criminal proceedings and the solution of the realistic contradiction between fewer court staff and more cases;on the other hand,it is conducive to saving litigation costs and helping our country to reduce the judicial resources spent on minor criminal cases.Although many criminal proceedings have been used to distinguish criminal cases at the first instance in our country,these procedures are based on the trial of verbal trial,lacking the efficient application of written trial,while in many other countries there are mature ways to use written trial of minor criminal cases.China is a traditional populous country,and there are a large number of minor criminal cases every year.If written trial can be introduced into the current criminal quick trial procedure and some minor cases can be diverted,the efficiency of our litigation will be improved qualitatively.The overall structure of this paper can be divided into three parts:preface,text and peroration.The preface mainly makes a systematic analysis and elaboration on the issues raised,the significance of the study,the research status at home and abroad and the research methods.The text consists of three chapters:The first chapter mainly elaborates the related theories of criminal quick trial procedure and written trial procedure,including the concept and value pursuit of criminal quick trial procedure,the concept of written trial and its comparison with verbal trial,and the necessity and feasibility analysis of applying written trial procedure in criminal quick trial procedure,and the potential risk analysis of applying written trial in criminal quick trial procedure.Chapter two mainly analyses the current situation of criminal procedure applicable to written trial at home and abroad,including written trial in domestic second instance procedure and written trial in commutation and parole procedure,penalty order procedure in foreign continental law system and guilty plea procedure in Anglo-American law system,and finally makes a summary.On the basis of the above research,the third chapter discusses the application and limitation of written trial in the criminal quick trial procedure in China,including the principles to be followed in the application of written trial in the criminal quick trial procedure,the suggestions for the application of written trial in the criminal quick trial procedure and the limitation of the application of written trial in the criminal quick trial procedure.