Research On The Criminal Quick Judging Procedure

The exploration of Chinese criminal quick judging procedure began in 2014,and the Criminal Procedure Law was amended in 2018 Criminal Procedure Law to establish a quick judging procedure.Compared with the foreign multiply suit litigation model,China has finally established a criminal quick judging procedure along with ordinary procedures and summary procedures.The criminal quick judging procedure takes efficiency as its core value,and is set up to solve the litigation problem of the current case of many people and to optimize the allocation of judicial resources.The quick judging procedure still belongs to a new system in China.There are still some shortcomings in both legislation and judicial practice.This paper starts with the background setting of the criminal prosecution procedure,and makes recommendations on the existing deficiencies through the investigation of similar systems outside the domain and the current domestic operation status.This article is divided into four parts:The first is an overview of the procedure.This chapter mainly about the background of the establishment of criminal quick judging procedure in China and the value construction and positioning of criminal procedural procedures.On the background of contradiction of cases and judges,quick judging procedure is established.In the context of its establishment,its value construction is based on the principle of negotiation justice,and at the same time,efficiency is its core value.In addition,compared quick judging procedure with summary procedure and the confession punishment,it has its unique legal system positioning.The second chapter is about the investigation and reference of the quick judging procedures of other countries.Compared with the establishment of Chinese criminal quick judging procedures,the similar system outside the domain has been running for many years,and there are many places worthy of reference for the improvement of Chinese quick judging procedures.For example,The German penalty procedure in civil law countries,the Italian accused application procedure,the Japanese quick execution procedure,the US plea bargaining system in the Anglo-American legal system,and the UK Magistrate’s Court trial summary procedure system.In terms of scope of application,human rights protection,and procedures for simplifying procedures,China can learn many experiences from these countries.The third chapter is the investigation of the status quo of criminal quick judging procedure in China.Through the examination of the current legal provisions and practice of Chinese current criminal speed judging procedures,on the one hand,Chinese criminal procedural procedures have made great progress,the scope of application of the slash procedure has been continuously expanded,and litigation efficiency has been continuously improved;On the other hand,there are some shortcomings in the speed-cutting procedure,such as the lack of a mechanism to initiate the conversion,the inefficiency of pretrial procedure,the lack of human rights protection of the prosecutor and the imperfect supporting system.The fourth chapter is the improvement of Chinese criminal quick judging procedure.In view of the shortcomings of the current expedited procedures,and through the examination and reference of extraterritorial systems,we will further enhance the efficiency of litigation,especially the efficiency of pretrial procedures,strengthen the rights protection of the prosecutors in the expedited procedures and improve the voluntary-guarantee mechanism,then put forward suggestions for perfecting the quick judging procedure.