Research On The Procedure Of Criminal Quick Judgment

Under the background that the number of criminal cases is increasing and the existing judicial resources are difficult to meet the needs of practice,the establishment of criminal speedy adjudication procedure in our country has played an important role in solving the backlog of minor criminal cases and alleviating the pressure of handling cases in practical departments.However,there are still some problems and disputes in practice.This article starts with the theoretical research of the criminal quick adjudication procedure,based on the legislative situation and practice operation of the criminal quick adjudication procedure in our country,and combines the relevant experience of the foreign criminal quick adjudication procedure operation,and puts forward the corresponding countermeasure to the perfection of the criminal quick adjudication procedure in our country.This paper consists of four parts.The first chapter summarizes the criminal quick adjudication procedure from the theory connotation,the value embodiment,the nature localization and so on.Firstly,the author defines the concept of criminal quick adjudication procedure from two aspects of broad sense and narrow sense,and explores the theoretical connotation of criminal quick adjudication procedure by combining its characteristics such as simplicity and high efficiency.In addition,the application value of criminal quick adjudication procedure is also reflected in optimizing the allocation of judicial resources and reducing the externality of criminal procedure,which is also the reason for the establishment of speedy adjudication procedure in our country.Finally,considering that the criminal procedure is a new judicial system in our country,it is necessary to clarify its definition in our judicial system.Position and the relationship with other relevant systems,clear its legal status.The second chapter analyzes the legislation and judicial practice of criminal quick adjudication procedure in some representative countries of Anglo-American law system and civil law system,and sums up the relevant experience in the operation of extraterritorial speedy adjudication procedure.From the perspective of comparative law,the author analyzes a series of special expedited procedures in Italy,the punishment order in Germany,the plea bargaining system in the United States and the summary trial procedure in Britain.From the macro and micro point of view,this paper draws the corresponding enlightenment for the development of criminal quick adjudicationprocedure in China.Recognizing,at the same time,that the existence of any procedure is not perfect and that the many years of operation of extraterritorial criminal expedited procedures have also exposed the problems of their systems,Recognizing these problems is also of great benefit to the development of the speedy adjudication procedure in our country.The third chapter mainly through the interpretation of the relevant legal norms of the criminal quick adjudication procedure in China,and combined with the trial situation of the specific pilot units,the practice of the criminal quick adjudication procedure to conduct a comprehensive examination,found its existing problems.At first,the author interprets the application scope,procedure design and supporting system of criminal quick adjudication procedure in combination with specific legal norms.In addition,the life of the law lies in experience,not in logic.This paper analyzes the overall and individual pilot status of the criminal speed-down procedure through data analysis.Summing up the legal effect obtained in the operation of the speedy adjudication procedure in our country and its issuing The problems in the aspects of pretrial efficiency,right guarantee,procedure transformation and so on are exposed in practice,so as to put forward the corresponding suggestions for the perfection of the quick adjudication procedure.The fourth chapter mainly aims at the criminal quick adjudication procedure exposed in practice in the third chapter,puts forward the pertinence consummation suggestion.On the basis of making it clear that criminal speedy adjudication procedure should not only be to examine the speed of prosecution and trial stage,but also that the efficient investigation should be the proper meaning of the speedy adjudication procedure,we should speed up the investigation efficiency.To reduce the application of compulsory measures of pretrial detention and other aspects to speed up the efficiency of pretrial cases.Perfecting the duty lawyer system and constructing the prosecution's guilty plea examination mechanism are also effective means to solve the lack of protection of the litigants' rights.In addition,in order to solve the problem that the mechanism of quick decision procedure is not perfect,the author also focuses on the quick cut process.The order may apply to the stages of litigation,the circumstances of the conversion and subsequent processing.