Research On The System Of First Instance As The Final Judgment Of The Speedy Proceeding

2018 revision of the criminal procedure law to apply to cutting process of the cases in the aspect of criminal procedure did not make the different from the ordinary procedure rules,issued in 2019 on the applicable pleaded guilty to forfeit their greater guidance system ",in the cutting process has made a case for speed,unlike the cases of ordinary procedure,has basically reflects the speed cutting application system in our country criminal procedure to construct the initial trend.By searching and sorting out the cases of quick adjudication procedure in Beijing,it is found that there are mainly five problems in the cases of quick adjudication procedure in the second instance.Second,there is a phenomenon that the defendant abuses the right to appeal.The reason for the defendant to file an appeal is not because he is dissatisfied with the circumstances of conviction and sentencing,but just to delay the litigation period.Third,there is dissimilation of procuratorial organ's right to protest.The reason for procuratorial organ to protest is to deter the defendant who files an appeal,so as to prevent the defendant from filing a blank appeal without the limitation of additional punishment.Fourth,the court is not clear about the hearing object in the second instance procedure.At present,the hearing object of the second instance procedure is mainly the determination of criminal facts and whether the sentencing is appropriate.Fifth,the current trial mode is difficult to give play to the error correction function of the second instance procedure.At present,the legal norms on the second instance issue of the quick adjudication procedure are relatively confused,there are cross-sections and contradictions,and in the case of the short duration of the first instance trial,the second instance procedure still adopts the written trial,which makes it difficult to give play to the error correction function.In view of the above problems,it can be solved through the implementation of quick adjudication procedure.The third part through three aspects,this paper expounds on the speed and cutting procedure of first instance of final appeal of the legitimacy of,one is the speed and cutting procedures of final appeal of trial is the gaming result of the justice and efficiency value,speed cutting program focuses on the design concept of the in pursuit of the efficiency of lawsuit,with rapidly to a large number of minor criminal cases reasonable allocation of judicial resources,for the purpose of omitting litigation link is the effective measure to improve the efficiency of litigation,in this case,can produce certain influence to the realization of fair value.Due to the particularity of the quick adjudication procedure,the judgment criterion of procedural justice and substantive justice is different from that of the ordinary procedure.2 it is the final of trial and accordance,to achieve the purpose of the prosecuting and defending parties apply speed cutting process of the cases the defendant has pleaded guilty to forfeit their commitment,and procuratorial organs and signed a declaration,signed in the defendant know legal consequences and voluntary,implement the firstinstance final will not deprive the defendant procedural rights,instead,to achieve the purpose of the prosecuting and defending parties.Third,it is difficult to obtain practical benefits from the implementation of the first-instance final adjudication of the quick adjudication procedure.From the perspective of the application conditions of the quick adjudication procedure,the application of the quick adjudication procedure is a minor criminal case with clear facts and sufficient evidence,the appeal rate is not high,the "error cost" is low,and the defendant can protect his litigation rights through the retrial procedure.In order to prevent the defendant from losing the way of remedy,it is necessary to further improve the supporting system to protect the defendant's litigation rights.By referring to the provisions of summary procedure in Italy,Japan and other countries and combining with the relevant provisions of China's admission of guilt and punishment system and quick adjudication procedure,this paper puts forward some Suggestions for the final adjudication of cases with quick adjudication procedure.Specifically speaking,the first is to improve the legal assistance system,the second is to improve the trial procedures of fast-track cases,the third is to build the system of evidence discovery,the fourth is to build the obligation of rapid track cases written and transparent,and the fifth is to protect the right of recourse of the accused.