Study On Rapid Cutting Procedure In Criminal Cases

The criminal quick adjudication procedure,which considers both efficiency and fairness,has proven instrumental in promoting the flow of complicated and simple cases,improving litigation efficiency,and effectively allocating judicial resources.The development of an expedited criminal procedure aligns with China’s goals of constructing a multilayered trial procedure and advancing the rule of law.With the criminalizing of drunk driving and the elimination of the re-education through labor system,lesser criminal cases have become more common.Meanwhile,the trial-focused system has placed a growing strain on the limited judicial resources,creating an increasingly apparent contradiction of "too many cases and too few people." To alleviate this issue,a pilot expedited trial procedure was tested in 18 cities in2014.Subsequently,in 2018,the expedited criminal procedure was formally incorporated into the Criminal Procedure Law and established as an independent trial procedure.However,the constant use of expedited procedures in judicial practice has brought to light several issues which prevent the system’s advancement.The unclear application criteria and high standards of proof have resulted in a low application rate;meanwhile,the high use of pretrial detention measures,formal court hearings,lack of a relief system,and inattention to the litigation rights of victims have left the pursued with inadequate protection.Additionally,the lack of clear provisions for the right to appeal and sentencing negotiation standards,as well as an imperfect system of duty lawyers and unsupportive collaboration mechanisms within judicial organs,impede the criminal expedited procedure’s full functionality and purpose.This paper aims to improve the theoretical understanding of the criminal expedited procedure system by outlining the current situation through a review of relevant literature.The paper also analyzes the underlying problems and their causes.In this paper,we propose solutions aimed at improving the efficiency and fairness of China’s expedited criminal procedures.Firstly,to address the low application rate,we suggest clarifying the conditions for application and lowering the standard of proof.Secondly,to address the problem of insufficient protection of defendants’ rights and interests,we recommend that pursued individuals in the expedited criminal procedure be subjected to non-custodial coercive measures.This will ensure that the court trial is truly materialized and prevent investigative organs from infringing on the rights of pursued persons,while establishing an appeal and review mechanism to protect those rights.Thirdly,legislative provisions must grant victims the right to choose the procedure,recommend the sentence,and appeal,in order to promote the smooth operation of the expedited criminal procedure system.Fourthly,we propose the improvement of institutional safeguards,including the cooperation of relevant judicial organs with mechanisms like the duty lawyer system and the sentencing consultation system.Furthermore,the relevant judicial organs,duty lawyers,and sentencing negotiation standards need to be improved to further promote the efficient operation of the expedited criminal procedure system.Overall,we suggest these solutions to provide ideas for improving China’s criminal expedited procedures.