The Research On The Protection Of The Defendant's Rights In China's Criminal Accelerated Procedure

Since the implementation of the Criminal Law Amendment(IX),the number of criminal cases in China has grown very rapidly,and the phenomenon of a large number of cases leading to a backlog of cases is very common.In this context,the criminal prosecution system came into being.The establishment of the system has enabled the judicial resources to be allocated reasonably and effectively,effectively alleviating the "contradictions between people and cases." The simplification of the procedure based on the criminal speed cutting procedure has a special value and significance for strengthening the defendant's rights protection.It is not only the inevitable choice for China to promote the judicial system reform centered on trial,but also the realization path of the unity of justice and efficiency,which fully reflects the value pursuit of procedural justice and human rights protection.China's criminal procedural procedures have just started.As an emerging litigation system,there are still some shortcomings in the protection of defendants' rights: mainly because the defendant pleads guilty to the lack of voluntary review,the right to apply for the procedure is incomplete,the right to defend is difficult to achieve and the sentencing The preferential treatment specifications are unknown.By comparing with the mature system of similar speed-cutting procedures in foreign countries,combined with the litigation environment in China,we can draw lessons from them and summarize the useful enlightenment to China.According to the relevant regulations concerning the speed cutting procedure and the analysis of the application of the current speed cutting procedure,it is proposed to strengthen the voluntary review of the defendant's guilty plea,improve the defendant's procedure initiation right,improve the legal aid quality of the duty lawyer and refine the criminal quick fix procedure.The measures of preferential treatment such as mid-term punishment improve the protection of the defendant's litigation rights in the criminal quick-discovery procedure.