The Application And Improvement Of Criminal Quick Adjudication Procedure In Judicial Practice

The criminal quick adjudication procedure is a very simplified criminal procedure.On the one hand,the application of the criminal quick adjudication procedure in practice is conducive to the complicated and simple diversion of criminal cases,improving the efficiency of litigation,reducing the judicial cost,and reducing the pressure of judicial organs;on the other hand,it is precisely because of the high efficiency of the criminal quick adjudication procedure that the trial time of minor criminal cases is greatly shortened and reduced Less litigation burden of the parties,less unnecessary custody of the suspects,conducive to the protection of human rights,but also in line with the current world trend of "light punishment",better in line with international standards.On October 26,2018,the decision on Amending the criminal procedure law of the people's Republic of China adopted at the sixth session of the 13 th National Congress formally established the criminal expediting procedure,at present,China's criminal trial procedure has formed a situation of common procedure of first instance,criminal summary procedure and criminal quick adjudication procedure,which coexist.Compared with the pilot work,the criminal quick adjudication procedure is only applicable to the cases of less than one year's fixed-term imprisonment,and the final fixed-term imprisonment of less than three years can be applied,the scope of application and the expansion of the region,such reform puts forward higher requirements for the work of judicial organs and their staff.So far,it has been two years since the establishment of the criminal quick adjudication procedure,and it has been widely used in the grass-roots courts in various places.On the one hand,it has indeed improved the efficiency of litigation,reduced the appeal rate of the defendant,increased the rate of serving the sentence,and also reduced the protest rate of the procuratorial organ,which has been praised by the judicial organ and the parties.However,the criminal quick adjudication procedure is a new one in China Litigation procedure,in the process of judicial practice,also exposed some deficiencies,need us to improve and improve constantly,so that judicial activities can better provide a better guarantee for the social harmony and stability,the stable operation of economic activities.This paper focuses on the application of criminal quick adjudication procedure in China's judicial practice,and distinguishes the attitude and necessity of the procedure in different regions.The main body of the article will first introduce the concept,scope and conditions of application of the criminal summary procedure in detail,then introduce the relationship between the criminal summary procedure and the leniency system of confession and punishment,compare the similarities and differences between the criminal summary procedure and the criminal summary procedure,again introduce the judicial practice effect after the pilot and determination,analyze the achievements and existing problems,and finally refer to foreign legislation In judicial practice,the author puts forward some suggestions on the perfection of the criminal quick adjudication procedure in judicial practice.