The Procuratorate Applied The Improvement Of The Criminal Expedited Judgment Procedure

In recent years,with the rapid development of China's economy,the number of minor criminal cases is increasing rapidly,which has seriously caused the embarrassing situation that limited judicial resources can not properly solve a large number of criminal cases in time.The establishment of criminal quick adjudication procedure has effectively eased the social contradiction of more cases and less people.However,as a new thing,criminal quick adjudication procedure is facing great challenges in judicial practice.The application of new litigation procedure by procuratorate has become an important topic in the new round of judicial reform.The first part,this chapter is the summary of the basic theory of criminal summary procedure.The interpretation of the basic content of the criminal quick adjudication procedure provides a legal and theoretical basis for the study of this paper.The basic theory of criminal quick adjudication procedure is to study the general system of the application of criminal quick adjudication procedure by the procuratorate,which is of great significance.The second part,compares and analyzes the similar systems in the United States,Germany,Italy and other developed countries.Foreign related systems tend to be perfect.Through in-depth investigation of the similar procedures and norms of foreign criminal quick adjudication,this paper analyzes and summarizes some advanced experiences worthy of our country's reference,so as to improve the prosecution defense consultation procedure of our country's criminal quick adjudication procedure and the relevant rules of the Procuratorate's Application of criminal quick adjudication procedure.In the third part,this chapter analyzes the main problems existing in the application of criminal summary procedure by the procuratorate.This paper focuses on the internal and external connection mechanism of the procuratorate in dealing with the quick adjudication cases,the enthusiasm of the procuratorate in exercising the right to start the quick adjudication procedure,and the accuracy of the sentencing suggestions put forward by the procuratorate in criminal quick adjudication cases.The fourth part,the proposition of this chapter is to improve the Procuratorate's application of criminal summary procedure.China's criminal quick adjudication procedure has been incorporated into the judicial practice system,but the procuratorate is still lack of clear operating rules in the application process,which leads to the efficiency of procuratorial link in handling quick adjudication cases has not been significantly improved.Therefore,this paper mainly from the following aspects to improve: first,to improve the special quick adjudication mechanism between the procuratorate departments,to explore the convergence channel of quick adjudication cases between the procuratorate and the public security and the court;Second,by improving the prosecutor's enthusiasm to start the quick adjudication procedure,so as to promote the application rate of the procuratorate to start the quick adjudication procedure;The third is to improve the accuracy of sentencing suggestions of the procuratorate for criminal quick adjudication cases.