Research On The Procedure Of Rapid Trial Of Criminal Cases

With the rapid increase of the number of minor criminal cases in the criminal cases of our country,it brings great challenges to the judicial trial of our country,which leads to the contradiction between the sudden increase of the number of criminal cases and the shortage of the staff.In response to this phenomenon,in 2014,the standing committee of the National People's Congress granted the authority to carry out the pilot task of promoting the criminal quick adjudication procedure with a term of two years in 18 cities nationwide.In 2016,the pilot measures were introduced to ensure that the pilot work of fast-track criminal adjudication procedures will continue to be carried out in the original pilot cities.The pilot work shows that the application of the speedy trial procedure for criminal cases has made remarkable achievements in improving the efficiency and easing the contradiction between more people and less cases.In order to implement the replicable and popularized pilot work experience to the legal aspect,China's criminal procedure law was revised for the third time,and the speedy trial procedure for criminal cases was written into the criminal procedure law in detail in a separate legal chapter on October 26,2018.Although the procedure of quick adjudication of criminal cases has played a certain role in improving the efficiency of litigation,promoting the further complicated and simplified distribution of cases,reasonably distributing judicial resources and safeguarding the legitimate rights of the parties.The judicial application time of the criminal speedy trial procedure for criminal cases procedure is still short,and the criminal procedure legislation only makes general provisions on the speedy trial procedure for criminal cases,which makes it applicable.There are also some problems in the process of speedy trial procedure for criminal cases.Through the in-depth study of these problems,it is undoubtedly of great significance to put forward solutions to the problems,so as to effectively play the function and role of the criminal proceedings.Different from the summary procedure,the speedy trial procedure for criminal cases can effectively make up the deficiency of the summary procedure in terms of functions,making the value coordination between justice and efficiency in criminal procedure more balanced.Asearly as the 1960 s,in order to solve the contradiction between the rising crime rate and the shortage of resources,western countries began to actively explore how to improve the efficiency of criminal proceedings,and then created a rapid trial procedure of relevant criminal cases that adapted to our national conditions,which has a long history,diversified types and relatively mature development.Although our country has been experimenting for several years before the criminal procedure law formally established the speedy trial procedure for criminal cases,there are still some problems in the scope of application of the case,the protection of litigation rights,the function of the lawyer on duty,the degree of sentencing preference,the procedure coordination and connection between the public prosecution law and so on.In view of the above problems that still need to be solved in legislation and judicial practice,the author believes that we should further relax the scope of application of the case,moderately strengthen the function of procedural court trial,improve the protection mechanism of litigant rights of the parties,strengthen the function and location of duty lawyer,construct the incentive mechanism of sentencing,and strengthen the linkage and coordination of various case handling organs.