An Empirical Study Of Criminal Quick Adjudication Procedure

On the basis of summarizing the pilot experience,the revised criminal procedure law of the People's Republic of China on October 26,2018 formally wrote the important system of criminal quick adjudication procedure into the law,and confirmed the criminal quick adjudication procedure in the legislation.As a new and efficient trial procedure,its entry into the law makes the way of handling cases more diversified,promotes the separation of complicated and simple cases,distinguishes different cases and applies different procedures,improves the efficiency of handling cases,and protects the legitimate rights and interests of defendants.But at the same time,because the law is lagging behind,and social life is always changing and colorful,it is impossible for the law to stipulate all kinds of details and situations.In judicial practice,with the application of criminal quick adjudication procedure,many problems and contradictions gradually appear.For example,there are no clear legal provisions on the rules of sentencing suggestions of the procuratorial organs and the rights relief of the defendants.At the same time,there are some problems in the public procuratorial organs,such as the shortage of personnel,the unimpeded connection mechanism and the failure of the duty lawyer system in practice.After summarizing the investigated courts and making statistics of the real data of the court,the author systematically summarizes and analyzes the criminal trial work of the court from the settlement rate,the application rate of quick adjudication cases,the cause of criminal cases and other aspects,and uses the data to support his argument to make it more convincing.In addition to the introduction and conclusion,the text is divided into the following parts:The first part,starting from the theoretical basis of the criminal quick adjudication procedure,expounds the theoretical basis of the application of the criminal quick adjudication,and then analyzes the necessity of the implementation of the criminal quick adjudication in the judicial practice,which paves the way for the later discussion of the criminal quick adjudication procedure.The second part analyzes some advanced experience and legal culture that we should learn from in different legal system countries through the investigation of criminal quick adjudication procedure.In this part,it mainly introduces the typical rapid criminal procedure in England,America and Germany,and sums up the inspiration for the quick criminal procedure in China,which plays a role in drawing lessons from others.In the third part,this paper analyzes and summarizes the current situation of the operation of the criminal quick adjudication procedure and the prominent contradictions in the application,affirms that the operation of the procedure has achieved great results,and points out the shortcomings in the operation process.Combined with the work experience,I listened to the suggestions of judges,prosecutors and public security police on the procedure of criminal quick adjudication carefully.Through the statistics of the trial data of the court,I analyzed the prominent problems existing in the application of criminal quick adjudication with the data,which can make the conclusion and improvement suggestions more true,specific and operational.The fourth part,in view of many problems in the criminal proceedings,mainly from the perspective of practice put forward their own views.Through consulting a large number of documents,my own in-depth investigation in the court and combined with my own practical work experience,I have a deep understanding of criminal quick adjudication.In the judicial practice,the criminal quick adjudication procedure has played an important role,but there are also many problems,such as the imperfect connection mechanism of various organs of the public prosecution law,the failure of the duty lawyer system to really play an effective role,the overlapping of the application of the summary procedure and the quick adjudication procedure,and the insufficient protection of the defendant's rights.This paper puts forward a series of perfect measures from the perspective of judicial practice,which is expected to be able to accelerate the criminal procedure The feasible suggestions are put forward in order to make the procedure more scientific and perfect.