Research On The Law And Economics Of The Criminal Quick Judgment Procedure

At present,there are a large number of criminal cases in our country,and the contradiction between more cases and less cases becomes more and more prominent.In order to realize the simple,rapid and low-cost handling of criminal cases,China has revised the criminal procedure law and formally incorporated the criminal quick adjudication procedure into the code.The criminal quick adjudication procedure has the characteristics of prominent subject status of the accused,clear value orientation of efficiency,and strong cooperation among the litigants.It is of great significance to improve the efficiency of litigation,allocate judicial resources reasonably,and protect the legitimate interests of all parties in criminal proceedings.In the field of criminal quick adjudication,there are still some problems,such as the lack of voluntary protection for the accused,the trial level dispute caused by the accused's appeal,the sentencing dispute and the failure of the duty lawyer to play an effective role.This paper mainly uses the theory of law and economics,combined with the relevant cases,to study the problems and shortcomings of the criminal cases.This paper is divided into six parts.The first chapter is the introduction.On the basis of the introduction of the practice since the trial of the criminal quick adjudication procedure,it introduces the research status from four aspects: the value orientation of the criminal quick adjudication procedure,the dispute of the trial mode,the standard of proof and the related research results of law and economics,and puts forward the significance of the research on the criminal quick adjudication procedure.The second chapter first introduces the concept of criminal proceedings.Secondly,it shows the rationality of economic analysis by combing the characteristics of criminal quick adjudication procedure.Finally,the paper introduces the main economic principles used in the following paper.The third chapter is mainly about the analysis of the appeal cases of the quick adjudication procedure.Through the analysis of the criminal appeal cases,it is found that there are abnormal appeal cases.The research shows that the pursuit of personal interests maximization of the accused in the criminal quick adjudication procedure results in the abnormal appeal case of criminal quick adjudication;the formation of the subjective will in the decision-making of the accused's appeal behavior is related to the expectation of thejudgment result;the judicial organ needs to lack effective signaling and information screening mechanism for the subjective will of the accused.The fourth chapter discusses the issue of the voluntary protection of the accused in the criminal proceedings.The voluntariness of the accused involves the knowability of his knowledge,the rationality of his judgment and the freedom of his choice of procedure.There are some problems in the voluntary protection of the accused,such as the difficulty in exercising the right to review papers and the difficulty in safeguarding the rationality,which lead to the adverse selection of the accused.This can be analyzed from the perspective of information asymmetry.The fifth chapter mainly discusses the "information asymmetry" between the lawyer on duty and the public prosecution law as well as the accused,which directly affects its effectiveness in the criminal proceedings.The sixth chapter mainly puts forward relevant suggestions.Specifically,the relevant problems existing in the criminal quick adjudication procedure can be improved by establishing the criminal quick adjudication appeal review mechanism,canceling the appellant's sentencing preference conditionally,protecting the defendants' litigation rights,strengthening the judicial organ's sentencing reasoning work,and adjusting the duty position of the lawyer on duty.