Research On Criminal Expedited Procedure

Since the 21 st century,China's social development has entered a period of transformation.With the continuous advancement of science and technology,the interests of various classes have been severely divided,new types of interests have emerged,and new criminal behaviors have emerged.Therefore,the criminal law is also at the forefront of resolving social conflicts.Its value orientation has changed from ex post sanctions to ex ante risk control.People want the country to solve the disputes in daily life.With the abolition of the system of reeducation through labor and the introduction of amendments 8 and 9 of the Criminal Law,the introduction of minor criminal cases has expanded the scope of criminal cases.Therefore,it is the proper meaning of judicial reform to write criminal expedited procedure into criminal procedure law.Legislators have set up ordinary procedures,summary procedures,and expedited procedure in criminal litigation,which have indeed played a positive role in achieving the diversion of procedures,speeding up and saving sources.On the one hand,the expedited procedure can be simplified.It can improve the efficiency of litigation when considering the substantive justice.After all,"late justice is injustice".On the other hand,influenced by the reform of the trial centered criminal procedure system,the substantiation of the trial will inevitably lead to the refinement,legitimization and confrontation of the general procedure.Only by allowing judges to make judgments and increasing the accused 's participation in litigation can justice be achieved by the rule of law.However,this kind of "more complicated" situation must be supported by "simpler is more simple".The establishment of criminal expedited procedure can make more judicial resources flow to complex and difficult cases.This is in line with the development of a society ruled by law.However,China's criminal expedited procedure is still in its infancy,and there are still many imperfections in the process of practice.Therefore,the study of this program is particularly necessary.Firstly,this article introduces the concept,characteristics and value of the criminal expedited procedure.And compared with the relevant systems.Secondly,to investigate relevant foreign systems.The development of procedures similar to our country 's criminal expedited procedure in foreign countries is quite mature.This article selects the representative countries of the Anglo-American law system and the civil law system respectively,compares the relevant procedures,and draws inspiration from the actual situation in China.Thirdly,the article introduces the current situation of the criminal expedited procedure in our country and puts forward the existing problems.The author divides the operation status into legislative status and judicial status.The current situation of legislation explains the relevant laws and regulations,and shows the legislative evolution of criminal expedited procedure.The judicial status quo is to combine the actual situation and show the running effect of the criminal expedited procedure.The current problems in the criminal expedited procedure mainly include the unclear scope of the case,imperfect protection of the rights of the person being prosecuted,the excessively high standard of proof,and the litigation efficiency to be further improved.Finally,in view of the existing problems in China's criminal expedited procedure,drawing on the excellent experience from outside the region and combining with China's national conditions,by drawing on outstanding foreign experience and combining with China's national conditions,this paper puts forward suggestions from four aspects: improving the applicable provisions of the case,improving the protection of the rights of the accused,properly reducing the proof standard of the expedited case,and improving the efficiency of the litigation.Eventually,the purpose of establishing the criminal expedited procedure is achieved.