On The Protection Of The Rights Of The Prosecuted In The Criminal Expedited Procedure

The criminal fast-track sentencing process was proposed in 2014.After four years of pilot work,it was officially entered into law in 2018.During the pilot period,the focus of attention from all walks of life was mainly on the operation of the program in judicial practice.Whether it has effectively improved the efficiency of litigation,saved judicial resources,played its due role and so on,but there is insufficient attention to the protection of the rights of the accused.The direct purpose of the criminal fast-track sentencing process is to improve the efficiency of litigation,ease the increasingly prominent contradiction between the surge of criminal cases and limited judicial resources,and achieve effective diversion.In order to achieve this goal,the complete criminal procedure needs to be simplified,but there is a natural conflict between the simplification of this procedure and the protection of the defendant's full exercise of his rights.Therefore,how to protect the defendant's basic litigation rights in the criminal fast-track sentencing process,which has been upgraded to legislation since the end of the pilot project,is worth studying and discussing.Firstly,this paper introduces the concept of criminal fast-track sentencing process,and the value orientation of the procedure,which takes efficiency as the dominant factor.On this basis,this paper explores the protection of the rights of the defendants,and analyses some basic litigation rights that the defendant should enjoy,and the value of safeguarding the rights of the defendant in the procedure.Secondly,it summarizes and analyses the relevant provisions on the protection of the defendant's rights in foreign countries'expeditious trial procedures,such as the plea bargaining procedure in the United States,the summary trial procedure in the United Kingdom and the punishment order procedure in Germany,and extracts useful reference for the protection of the defendant's rights in the criminal fast-track sentencing process.Thirdly,starting from the legislative status quo and judicial status of the rights of the defendant,on the one hand,reviewing the legislative status of the rights of the defendant in the procedure;on the other hand,the weak part of defendant's rights protection in practice is analyzed from the aspects of trial proportion,procedure selection and right informing,legal aid and sentencing situation.Then,according to the status quo of legislation and judicature,combined with the relevant research data in practice,the insufficiency of the defendant's rights protection in the criminal fast-track sentencing process is summarized and analyzed.It mainly consists of five aspects:the voluntary review of confession and punishment is formalized,the right to know is difficult to implement,the right to choose procedure is not guaranteed,the effect of legal aid is not good,and the incentive of sentencing is insufficient Finally,I think about the problems of the defendant's rights protection in the criminal fast-track sentencing process,and put forward some suggestions for improvement The first is to strengthen the voluntary review of the accused's guilty plea;The second is to ensure that the defendant fully exercised the right to know,it is necessary to establish a notification and disclosure procedure,and set up procedural sanctions to provide relief;The third is to ensure that the defendant has complete procedural options,clarify the defendant's right to initiate procedures,grant the defendant certain procedural conversion rights,and limit the court's procedural transformation rights;The fourth is to achieve effective legal aid,including giving duty lawyers the right to read and interview,building a diversified duty lawyer's work style,and improving the supporting mechanism for duty lawyers;The fifth is to improve the sentencing incentive system,that is,to set up a system of sentencing standards and establish a sentencing negotiation mechanism.