Study On The Criminal Speedy Trial Procedure

Since the 1960s,many countries had been facing the dilemma between the relatively limited judicial resources and the growing complexity of the social contradiction.In order to improve the efficiency of lawsuit and reduce litigation costs,they searched for thedivision between the complex and simple criminal cases,and decided to adopt summary procedures to solve the simple cases.China is suffering the period of social transformation with various social problems.Because of the unwillingly modification of Criminal law and the abolition of reeducation through labor system,a large number of minor unlawful act became criminal affairs,which responsively resulted in the serious shortage of judicial resources.Since the original procedure is too complicated and could not meet the practical needs of criminal procedure,Chinese government made an experiment on criminal speedy trial procedure in 18 cities on June 2014.At present,this experiment has successfully completed.On September 2016,the 12th session of the standing committee of the National People’s Congress passed a resolution that China would continue to carry out experiment which would combine the criminal speedy trial procedure and the system of leniency based on peccaries.This experiment has made some remarkable achievements but also exposed a series of problems,such as the low application rates,the insufficient sentencing incentive,and the lack of protection of participants in the proceedings.Apart from the problem of removing provisions careless pilot approach,the fundamental problem is that criminal speedy trial procedure lacks legitimacy basis,resulting in only borrowing mechanically foreign law system design and cannot form a complete system.This assay analyzed the main feature of the speedy trial procedure and found that it would be reasonable to the cooperative justice as the as the justification basis of speedy trial procedure.Besides,this assay analyzed the problems in the experiments and made suggestions on the six aspects,namely the starts of the speedy trial procedure,the creation of the supporting policies,strengthens of sentencing incentive,improvements of the protections of the victims’ rights,perfection of the duty lawyer system and the limitations of the right of appeal.