| Fairness,justice,democracy and rule of law,harmony and stability are not only the basic requirements of building a socialist country under the rule of law,but also the goals pursued by the broad masses of the people.With the continuous development of modern society,criminal crimes are gradually diversified and typed,and various cases in judicial practice are increasing day by day.The current criminal procedure law of our country stipulates the criminal speed cutting program in the form of a single chapter,which reflects that the state has established the criminal speed cutting program in the form of legislation except the ordinary procedure and summary procedure.This not only caters to the current trend of accelerating the pace of life in the country,but also plays an important role in improving the efficiency of litigation and saving litigation resources,and at the same time,it can guarantee the objective of substantive justice and procedural justice.From the perspective of the judicial environment,the trial of rapid criminal adjudication procedure in China is in line with the international trend.For example,the plea bargaining in the Anglo-American legal system is conceived in the context of "fewer cases".Similarly,our country’s criminal speed cutting program is also in the summary of the common procedure and summary procedure experience after the innovation.But at the same time,it can be seen that there are still problems in the process of the application of the fast-track criminal procedure’ such as:after the application of the fast-track criminal procedure,whether the defendant has no reason to appeal;Whether the admission agreement reached with the defendant is voluntary;After the defendant appeals to the second instance court can increase the punishment and other issues.In the two or three parts of the "trial method of guilty admission and penalty leniency",it is stipulated that the defendant can appeal against the first-instance judgment.For example,in order to achieve the goal of "high efficiency of litigation",the case handling organs exclude the defendant from exercising the right of appeal,and even persuade the defendant to withdraw the case in some detention centers.The author will analyze the exercise of the defendant’s right of appeal in the fast-track criminal adjudication procedure in the past five years,summarize the problems of the defendant’s right of appeal in the fast-track criminal adjudication procedure,and from the perspective of protecting the defendant’s rights and interests,put forward corresponding Suggestions for improvement,so as to contribute to the development of the fast-track criminal adjudication procedure.In the first part,the author briefly describes the development process of the current criminal speed cutting program in China,and points out that the purpose of establishing speed cutting program is to improve the efficiency of litigation and allocate judicial resources reasonably.According to the provisions on appeal in the criminal procedure,it is necessary to reasonably adopt the corresponding research methods to guarantee the defendant’s right of appeal.The second part enumerates three kinds of views on the defendant’s right of appeal in the current fast-track arbitration procedure,and analyzes the advantages of protecting the defendant’s appeal without reason through comparison,and makes a value analysis.It can be seen that it is very necessary to retain the right of appeal of the defendant in the process of quick criminal adjudication,which not only has the value of justice,but also has the value of benefit.In the third part,according to the data of the interim report on guilty admission and punishment and the number of cases involving the second instance in the criminal speed cutting program in recent years,the reasons for the appeal of the defendant are summarized,and the cases are listed.Through the analysis of the case,it is found that the defendant’s appeal problems,such as the appeal rate is low but the number is still increasing;More technical appeals for detention;The probability of second instance amendment is small;And whether there will be a defendant to appeal,the procuratorate filed a protest leading to "appeal of additional punishment".In the fourth part,some Suggestions are put forward to improve the protection of the defendant’s right of appeal.First of all,the defendant’s appeal without reason should be guaranteed,which is the most basic guarantee for the defendant to effectively participate in the criminal proceedings,and the extension of the defendant’s litigation subject status,which helps to improve the legitimacy of the litigation results.Secondly,the substantive examination of the second instance should be strengthened to fully realize the appeal right of the defendant.Once again,we will improve the system of on-duty lawyers,improve the legal aid effect of on-duty lawyers,and guarantee the defendant’s right of appeal to the greatest extent.Finally,fully implement the principle of no additional punishment on appeal,so that the defendant better accept the verdict. |
