Research On The Protection Of The Legal Rights And Interests Of The Accused In The Criminal Expedited Procedure

As part of the minor criminal cases into punishment in recent years,our country criminal case number has increased dramatically,and the limited judicial resources,recorded under the background of many people,in our country and promote the centering on the trial reform of the judicial system,the criminal ordinary procedure cumbersome and complex needs to invest more human resources,and its system reform further shortage of judicial resources,many contradictions increasingly prominent.In order to break the dilemma,the criminal quick adjudication procedure arises at the historic moment,reconstructs the structure of the criminal procedure system,simplifies after the traditional and simple diversion,and reasonably allocates the judicial resources.Different from ordinary criminal procedure and summary procedure,quick adjudication procedure focuses more on the pursuit of litigation efficiency,which is in conflict with justice.Sometimes,the pursuit of efficiency may damage justice,which means that the quick adjudication procedure with the goal of efficiency contains the risk of weakening the protection of the legal rights and interests of the respondent.However,the application of quick adjudication procedure should be based on the premise of confession and punishment.The defendant has to waive some litigation rights,such as the right to plead not guilty and the right to apply other procedures;The procedure of quick adjudication is simplified and speeded up,the time limit of handling cases is compressed,some procedures are omitted,and the trial method is innovated.In addition,the quick adjudication procedure is mainly applied by the prosecution,and the procuratorial organ has the right to initiate Suggestions,and occupies a dominant position in the process of sentencing consultation.All these characteristics mean that the legal rights and interests of the person being pursued may be violated in such a fast-track trial procedure.The effective protection of the legal rights and interests of the person being prosecuted in cases of quick adjudication is not only the basic requirement for the protection of human rights in criminal proceedings,but also the special requirement for the application of quick adjudication procedure and the inevitable requirement for the maintenance of judicial authority and social stability.In the process of quick criminal adjudication,the person being prosecuted enjoys the substantial legal rights and interests of obtaining a correct conviction and a lenient sentence.At the same time,the person being prosecuted also enjoys lawful procedural rights and interests such as not being forced to incriminate himself,the right to know,the right to choose procedures and the right to defend himself.The practice of the procedure of quick criminal adjudication relieves the pressure of judicial staff to a great extent and makes great contribution to the judicial reform.However,the procedure of quick criminal adjudication in our country is still a new thing after all.For example,in the current judicial practice,there are such problems as limited sentencing consultation,the "voluntary" examination of admission of guilt,the lack of effective protection of the right to know,too passive selection of procedures,the lack of effective legal help,and so on.To better protect human rights,safeguard judicial authority,and social stability,to solve above problems need to improve the sentencing negotiation mechanism,perfecting the confession forfeit "voluntary" accused person's right to know and review mechanism,fully ensure the procedure option on duty,perfect the lawyer system and other aspects,put forward the corresponding suggestion,in order to fully guarantee the criminal rate cut in the program being prosecuted people enjoy the legal rights and interests.