| After two years of criminal trial work in our country,in 2018,the new criminal procedure law formally established the procedure of quick criminal adjudication.Although the cases that are tried by a quick criminal adjudication procedure have simpler cases,and there is basically no dispute between the person being prosecuted and the state prosecution agency,but the procedure for such cases is extremely simplified,it is easy to influence the respondent to exercise relevant rights,in particular,the further development of the pilot work of the leniency system,While the respondent enjoys the right of sentencing negotiation and procedural autonomy,an important issue worthy of attention is how to realize his voluntary,fair and procedural choice.In the topics that scholars have discussed in the past,In cases in which the accused refuses to plead guilty,The necessity and importance of an effective defense seems beyond question,That is to say,the defense lawyer uses the litigation rights granted by the law as a weapon and confronts the state prosecution agency in accordance with the law by meeting,reviewing papers,cross-examining and debating,so as to ensure that the legitimate rights and interests of the person being prosecuted are not infringed upon,As far as possible to ensure that the case is true in substance and just in procedure;However,the theoretical and practical circles pay less attention to the cases in which the respondent chooses to plead guilty,especially the effective defense in the process of quick adjudication.With regard to the need for an effective defence and its basis,how to achieve it and procedural remedies for its failure,It is closely related to the legitimacy of the application of this procedure by the criminal suspect and the defendant.Therefore,this paper intends to discuss this topic,and tries to connect the characteristics of the fast arbitration procedure with the effective defense theory,so as to ensure the defense effect in the fast arbitration procedure and improve the effective defense in the fast arbitration procedure.The article has three parts: introduction,text and conclusion,among which the text is divided into five parts.The first part raises the issue of the need to ensure an effective defence in the process of rapid criminal adjudication.This paper first distinguishes the definition of effective defense from that of ordinary procedure and analyzes the characteristics of the procedure,that is,the effective defense in the procedure should ensure the minimum justice and the effectiveness of the procedure.On this basis,the necessity of ensuring effective defense in the procedure of quick adjudication is further expounded.The second part analyzes the benchmark of effective defense in the process of quick adjudication,which includes the particularity of defense,that is,the content of defense is voluntary and authentic,the focus of defense is pre-trial stage,and the method of defense is negotiation.It also includes the requirement for an effective defence,that is,how the lawyer participates in the proceedings.The third part is based on the problems in the judicial practice of effective defense in fast arbitral proceedings,analyzes the causes behind the problems,and thinks that the bias of duty lawyers’ positioning and the difficulty in grasping effective defense standards are the main causes leading to the defense problems in fast arbitral proceedings at the present stage.In the fourth part,the author puts forward some countermeasures to ensure the effective defense of the fast ruling procedure,such as implementing the duty lawyer system,perfecting the designated defense system,ensuring the effect of pre-trial defense and establishing the standard of invalid defense.In the fifth part,the author proposes the remedy procedure when the defense fails in the quick adjudication procedure,and proposes to ensure the right of recourse of the respondent and to carry out the procedure remedy according to different procedures,so as to realize effective defense. |
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