Research On Speedy Trial Procedure Of Criminal Cases

The special period of socialism with Chinese characteristics entered the new era.The main contradictions of our society have also changed.New contradiction pointed out our country's current social development imbalance and still inadequate.In order to prevent legal interests are violated,maintaining social stability,the emergence of new behaviors and had slight violations were included in the scope of the criminal law to adjust increased number of minor criminal cases and there are increasing contradictions between the shortage of judicial resources.In order to solve the prominent contradictions and improve the efficiency of the criminal lawsuit of our country,guaranting the right to fast trial of the defendant,our country in some cities,including changsha,Hangzhou,has carried on the pilot work of the criminal rate cut program.Through the empirical analysis,we can find that the application of the criminal speed and the higher appeal rate is not higher.This thesis also studies the relevant procedure of the outside region through comparative research method,to summarize the beneficial results of the relevant procedures outside the region provides reference for the improvement of our country's criminal speedy procedure.The first part of the thesis mainly introduces the theoretical basis,the realistic foundation,the application scope and the condition of the criminal speedy procedure.The theoretical basis of the speed cutting program includes the theory of program shunt,program economy theory and program theory.The realistic foundation includes the conflict between the tremendous volume of petty criminal cases and lacking of judicial resources.The difficulty of the simple procedure and the difficulty of speeding up.In this paper,the criminal speed cutting program is compared with the summary procedure so as to determine the location of the criminal speed cutting program.Criminal speed cutting procedure is a simplified procedure.In the second part,the operation mechanism of the speed cutting program and the running situation of the program are introduced and the problems existing in the operation of the program.The existing problems include the low application rate of the criminal speed procedure;The legal aid on duty lawyer system is not clear;The simplified provisions concerning legal instruments are too general;Procedures for the trial phase are not sufficiently simplified.The third part is through Italy,Germany,Japan's criminal diversion program of research,summarizes the relevant program outside of beneficial experience and the development trend,pointed out our country criminal speed cutting program and outside the criminal cases of rapid processing procedure is consistent,can consider to combined with the actual situation of our country,introduced in the program of speed cutting omit trial mode.In the fourth part,the author puts forward some suggestions on the existing problems of the criminal speed cutting program,combining the actual situation of China and the relevant experience abroad.Specific including: improving the application rate of the procedure,simplify the legal instrument of criminal speed cutting procedure,changing the way of hearing the criminal speed procedure,and introducing the first instance as the final instance system.