Study On The Speedy Trial Procedure Of Confessed And Punished Case

Under the background of drastic change in current society,new types of crime are emerging and the number of criminal cases is increasing,it not only tests the efficiency of the court judge’s case,but also puts forward more severe requirements for the new round of judicial reform,with the deepening of the reform of political and economic system.In order to improve the efficiency of litigation,simplify the flow of cases and carry out the concept of leniency of pleading guilty to leniency,have to explore a more concise and perfect proceedings,in the current situation of sharp increase in the number of criminal cases and the serious shortage of judicial resources.The purpose of this paper is to combine the application of the speed arbitration and punishments in practice and the specific system of the application procedure of plea of guilty plea in foreign countries,to construct the unique procedure of speedy arbitration and punishment in our country,and to further deepen the theory of speedy arbitration and prosecution Recognize and improve their academic accumulation,and provide some theoretical reference for the current criminal arbitration process and the acknowledgment and punishment of penalty from the deepening reform of the broad system.This article clarifies the concepts of "confession of guilt","acknowledgment of punishments" and "speedy trial procedure",analyzes the justification of the quick punish procedure of pleading guilty plea and punishment.In the criminal arbitration process,the confession should be based on the recognition of all the facts of the crime,the accused person confessed to his crimes,and also recognized the crime facts and charges that the accusers accused.The penalties include the punishment instruments signed in a broad sense with the accusation body,and also include the agreement on the victim’s compensation.The modern penalty theory,program diversion theory and program subject theory respectively illustrate the trend of the litigation procedure in line with the current litigation reform development from the perspective of resocialization and litigation efficiencyimprovement.At the same time,the thesis examines the specific situations of the proceedings concerning the plea of acknowledgment and punishment in foreign countries and Taiwan of China,influenced by the concept of human rights in Western countries,China can absorb the superiority of such systems as plea bargaining and evidence disclosure to further improve China’s expedited procedures.In addition,the author concluded that there are major problems in the speed arbitration proceedings in our country from the pilot activities of the criminal speed arbitration proceedings in the past three years.In the process of actual operation of the criminal speed arbitration proceedings,there are still problems such as the inaccurate body of the initiators,the insufficient protection of the litigation rights and interests of the prosecuted persons,the insufficient incentive mechanism of the sentencing penalties and the insufficient attention of victims,and the low application rate of non-custodial sentences.In view of the problems of punitive punishments cases in practice in our country,the author hopes to start from each stage of litigation and make a reasonable construction of punctual punishments of punishable punishments and punishments so as to solve some problems existing in judicial practice.In the stage of review and prosecution,be applicable widely of non-custodial coercive measures;and it is stipulated that the legal effect of the process of sanction of punishments and punishments will only occur during the stage of examination and prosecution.At the same time,the system of control over plea and bargaining in foreign countries shall be used for reference,but make a strict definition of negotiation system of prosecution and defence;a system of evidence discovery should also be established to improve the efficiency of the trial;guarantee the litigious rights of program options of the criminal suspect and respect full the victim’s interests of litigation.In the trial stage of the court,the voluntary review of guilty plea should be strengthened from the two major criteria of "voluntary" and "knowingly" to avoid being forced to plead guilty and to conduct a comprehensive review of the sentencing recommendations of the public prosecutor’s office;clarify the preferentialrules for sentencing to give sufficient punishment incentive to the criminal suspect and defendant;play the role of the duty lawyer to protect the interests of the defendant in court;pay attention to social survey assessment opinions,giving priority to non-custodial sentences.In the appeal stage,in view of the controversy existing in the theoretical circle,the author believes that the defendant’s right of appeal should not be limited and the appeal procedure can be simplified to written trial.