Research On The Protection Of The Rights Of The Accused In The Procedure Of Quick Judgment

The number of slight criminal offences has increased sharply in recent years,and the contradiction between the number of cases and the number of cases is prominent.In order to improve the efficiency of litigation,ease the pressure of handling cases,establish judicial authority,and our country draw lessons from foreign provisions on simplified criminal procedure,our country began to explore the procedure of quick judgment,and the procedure diversion became an inevitable choice.Quick judgment procedure began to be conducted tests at selected points in 2014.After nearly four years of development,the NPC Standing Committee passed the decision to revise the Criminal Procedure Law on October 26,2018,which marks the formal establishment of the quick judgment procedure in China.Procedure simplification is to improve efficiency,but at the cost of giving up part of the rights of the defendant,so it is necessary to protect the rights of the defendant in the quick judgment procedure.Quick judgment procedure emphasizes efficiency but the protection of defendant's rights emphasizes fairness.How to deal with the relationship between them correctly is worth discussing.In the environment of rapid judgment,the balance is more or less inclined to efficiency value.The key point of the quick judgment procedure is that the defendant gives up part of his rights to obtain preferential sentencing so as to improve the efficiency of the lawsuit.Procedural legitimation necessarily requires the protection of the defendant's rights in the procedure of quick judgment.This text is divided into four parts.The first part mainly gives an overview of the procedure of quick judgment,including the connotation of the procedure and a brief review of the current situation of the implementation of the procedure since the pilot project.The second part mainly analyses the current situation and existing problems of the defendant's rights protection in the quick judgment procedure.Including the value analysis of the necessity of protecting the rights of the defendant in the procedure of quick adjudication and the analysis of the situation of the defendant's rights protection in the procedure,and then sorting out the problems existing in the procedure of quick adjudication,such as insufficient protection of the defendant's right to know,inadequate implementation of the duty lawyer system,ambiguous sentencing standards and insufficient protection of the defendant's rights in the procedure of revolving,and briefing to analyze the causes.The third part is about the protection of the defendant's rights in the foreign rapid judgment procedure.Germany and Japan were selected from the civil law countries.The simple procedure and punishment order procedure in Germany are briefly introduced,and the provisions to protect the rights of the defendant in the two procedures are explained.The present situation of defendant's rights protection in Japan's simple procedure,abbreviated procedure and summary judgment procedure is elaborated.The United Kingdom and the United States are representatives of the common law system.How to protect the defendant's rights in the summary trial procedure in Britain and plea bargaining in the United States.Then,it makes a general comment and explanation on how to protect the rights of the defendants in the rapid judgment procedure abroad.The purpose is to learn from foreign countries and improve the protection of the defendant's rights in our country's rapid adjudication procedure.The fourth part gives solutions to the problems raised in the second part,in order to improve the defendant's rights protection system in the quick adjudication procedure.The main suggestions are to ensure that the defendant can fully exercise the right to know,optimize the duty lawyer system,establish a clear sentencing standardization,and protect the rights of the defendant in the process of turning around.