Investigation And Research On The Criminal Rapid Decision Procedure Of The People’s Court Of Z County In Hubei Province

In order to deal with the high incidence of minor criminal cases,criminal quick adjudication procedure is an important reform measure of litigation system in China,which promotes efficient trial of cases and saves judicial resources on the premise of ensuring fairness and justice,and further promotes the separation of complicated and simple cases on the basis of summary procedure.In 2014,China established 18 cities including Beijing,Tianjin,Wuhan,Xi’an and Guangzhou to carry out the pilot of quick adjudication procedure.Through continuous exploration and innovation,each city has made remarkable achievements and learning experience.For example,Beijing Haidian court has set up a "3 + 2 + 2" quick adjudication office area,and Guangzhou grass-roots courts have set up a system of quick adjudication case classification and special person in charge of filing cases,But at the same time,some problems are exposed.Since the rapid adjudication procedure was formally established in the criminal procedure law in 2018,it has only been more than two years,and the process of using the rapid adjudication procedure to try cases in non pilot areas has just started.This paper takes the grass-roots courts in non pilot areas of central China as the research object,and finds out the problems existing in the operation of the rapid adjudication procedure in judicial practice through observation,interview,case analysis and other methods,And analyze the reasons,in order to put forward targeted solutions.This paper mainly consists of the following four parts.The first part is to discuss the basic situation of the investigation on the quick adjudication procedure of criminal cases in Z County Court,including the reasons for choosing the investigation point,the investigation process and the investigation methods.Firstly,it gives a comprehensive introduction of why Z County is chosen as the research point,and then it briefly describes the research process and the research methods used.The second part sorts out and analyzes the data collected during the research period.Through two months of research,it collects and sorts out the relevant data about the operation of quick adjudication procedure,such as the number,type,trial period,legal assistance provided by lawyers on duty,the participation of victims in litigation and procedure conversion,etc,It also makes a preliminary interpretation in the form of tables,charts and text explanation.It provides data support for the description of the problems in the subsequent quick cutting program.The third part is through the author’s observation during the investigation and interviews with relevant personnel,found the problems existing in the judicial practice of the quick adjudication procedure,such as the low application rate of the procedure,the lawyers on duty did not fully perform the functions prescribed by the law,the voluntary review of confession and punishment became a mere formality,the insufficient protection of the rights and interests of the victims,and the lack of specific provisions on the procedure conversion.In the process of describing the problem,the case in judicial practice is used to demonstrate,and the scientific and credibility of the point of view is improved.At the same time,the causes of these problems are analyzed in order to put forward targeted improvement suggestions.The fourth part mainly puts forward the corresponding countermeasures for the problems found in the third part,such as strengthening the professional guidance and training of grassroots judges,canceling the restrictive clause of incidental civil compensation,and improving the application rate of quick adjudication procedure;By improving the treatment of lawyers on duty,improving the selection mechanism of lawyers on duty,ensuring the effective exercise of their right to review papers,and strengthening the publicity of legal aid system,we can promote them to fully perform their legal functions;We should strengthen the examination to ensure the defendant’s voluntary and true confession;In order to strengthen the rights and interests of the victims in the quick adjudication procedure,we should refine the legal provisions,strengthen the victims’ right to know,give them the limited right of appeal and the right of legal assistance;And through the construction of program conversion mechanism to reduce the uncertainty of program operation.The fifth part is the conclusion,which is the summary of the full text.In addition to pointing out the shortcomings of this paper,it also combines with the current situation of China’s criminal justice to talk about the significance of applying the quick adjudication procedure to handle cases,and puts forward new expectations for its continuous development and improvement in the context of the construction of a country ruled by law and judicial reform.