Study On Speedy Trial Procedure Of Minor Criminal Cases In China

Criminal speedy trial procedure is our country in recent years,one of the important content of the reform of the criminal justice system is to point to in order to relieve the contradictions of case more than less,to solve the increasing the delay of lawsuit and the problem of high cost,the judicial organs to shorten the cycle,improve the efficiency of litigation,the limited judicial resources for scientific configuration,and the related to simplify the procedure,in order to realize the criminal case is simple,rapid and low processing cost and effective criminal procedure.From the overview of criminal speed cutting process,this paper first introduces the meaning of the program itself,and then the author analyses the necessity of its establishment,in and out of the summary procedure and light fast run mechanism two aspects,trying to criminal speed cutting process differ from the summary procedure and mild cases quick trial procedures,in order to criminal rate cut from the macroscopic Angle comprehensive overview,account for later.Then,through the investigation of the overseas criminal quick judgment procedure,the author analyzes the penalty order procedure of the continental law system and the plea bargaining procedure of the common law system.In addition,this paper also combined with the results of the pilot work of the criminal quick trial procedure and theoretical research,analyzes the background reasons for the pilot work,and confirms the results of the program operation in the pilot work;Then the author points out the insufficiency of the criminal quick judgment procedure in the process of pilot operation.In order to effectively confirm the effectiveness of the pilot program and further give play to the role of the application of the program,the revised criminal procedure law of China on October 26,2018 has formally made detailed provisions on the program and written it into law as a new trial procedure.On the one hand,we should be sure of the positive significance of the legislation,which solves some problems in the pilot process and makes China's criminal trial procedures more perfect.On the other hand,it should be realized that due to the limitations of the law,the legislation cannot make detailed provisions on all the issues concerning the application of the quick judgment procedure.With the application of the criminal quick judgment procedure,there will definitely be some problems in judicial practice.For example,the question of the defendant's right of appeal is not clearly defined,the standard of proof for the application of the criminal quick judgment procedure is not clear,and other questions may arise.Only by solving some problems like these can it be possible to make the rapid criminal procedure work effectively.Therefore,the author puts forward some Suggestions for the improvement of the legislation and the possible problems in judicial practice.The establishment of the criminal quick trial procedure is a significant progress in the field of criminal procedure,we must on the basis of full understanding of it,for the correct application of the criminal quick trial procedure positive Suggestions,in order to promote the steady development of the procedure.