A Study On The Criminal Quick Adjudication Procedure In China

In order to solve the problems of insufficient judicial resources,inefficient litigation and waste of judicial resources,China began pilot work on the criminal quick adjudication procedure in 2014,and it began pilot work on the lenient system of guilty plea and punishment in 2016.Finally,based on the experience of the pilot,”China formally established the criminal quick adjudication procedure in the “Amendments to the Criminal Procedure Code”.In order to have a deeper understanding of our country's criminal quick adjudication procedure,the paper analyzes the necessity of constructing the criminal quick adjudication procedure in our country,then analyzes the relevant provisions of our country and points out the problems in practice.Finally,with reference to the beneficial legislative experience of the foreign countries,the author puts forward some relevant suggestions.This paper proposes to further clarify the scope of application of the criminal quick adjudication procedure,remove unreasonable prohibitive conditions,and further refine the scope of application of imprisonment for up to three years.In the aspect of the subject of program initiation,it proposes to establish the right of program initiation of the defendant,and give it a complete program choice.It also proposes to clarify the sentencing incentive mechanism,provide for the unification of specific preferential margins,or establish the prosecution and defense negotiation system,and the prosecution and the defense reach an effective sentencing agreement.At the same time,it is necessary to improve the supporting measures of the criminal quick adjudication procedure,strengthen the construction of the rapid investigation procedure at the investigation stage,establish the linkage mechanism for investigation,prosecution and adjudgement,and achieve the overall speed-up of the criminal procedure.We will implement the duty system for lawyers,clarify the status of duty lawyers,strengthen the admission standards and financial guarantees for duty lawyers,and turn legal aid into active,and effectively protect the rights of the defendant.