Research On The Standard Of Proof Of Criminal Accelerated Procedures

In 2018,the newly amended criminal procedure law included the criminal prosecution procedure,and China has formed a system with quick completion procedures,simple procedures and relatively complete procedures.During the trial period,the criminal quick-fix procedure has experienced many problems worthy of study and discussion,and it is one of them to prove whether the standard can be relaxed.The reduction of the standard of criminal prosecution procedures has broken through the provisions of the current Criminal Procedure Law,and the reduction of the standard in the criminal prosecution procedure has caused widespread debate in the academic and practical circles.In some scholars' view,the reduction of the standard of criminal proof means abandoning the reality of the entity and the protection of human rights.It is incompatible with the background of preventing false and wrong cases,and will eventually bring a very big impact on China's current judicial system.Some scholars also support the implementation of certification standards below the ordinary criminal procedure in criminal prosecution procedures.By comparing with the certification standards applicable to the relevant procedures of the Anglo-American legal system and some countries in the civil law system,on the basis of this,some theoretical foundations and practical experience are borrowed.After analysis and argumentation,it is considered that the criminal rapid procedure in China applies the standard of proof for ordinary procedures.There will be problems,which proves that the reduction of standards is inevitable and feasible.The inevitability of the reduction of criminal prosecution certification standards includes: the need to improve the efficiency of litigation,the enthusiasm for the application of criminal prosecution procedures,the trial of writing becomes the main method,and the proof of construction.The need for standard hierarchy and diversity and compliance with the rules of justice.The feasibility analysis includes: hearing simple misdemeanor cases,suspects,defendants who have pleaded guilty,providing legal assistance to duty lawyers and judicial practice experience in the pilot area.The application of the "two basic" proof standards in the criminal speed ruling is in line with the requirements.In the case of a reduction in the standard of proof,preventing the occurrence of false and wrongful cases will be a top priority.It can be guaranteed by strengthening the voluntary review of the accused's guilty plea,the right to be assisted by a lawyer,and the implementation of a process reversal mechanism.