On The Protection Measures And Perfection Of The Prosecution's Rights In The Criminal Expedited Procedures In Our Country

In June 2014,the quick criminal judging procedure was piloted in 18 cities throughout the country.In the following years,the state has issued relevant normative documents to further promote the pilot work.On October 26,2018,the quick criminal judging procedure was formally established in the Criminal Procedure Law of the People's Republic of China,which was deliberated and adopted by the Standing Committee of the National People's Congress.The starting point for the establishment of the criminal expeditious adjudication procedure is to further improve the efficiency of lawsuit and alleviate the contradiction between "more cases and fewer cases".However,it should be noted that the improvement of litigation efficiency in the quick criminal judging procedure is at the expense of some of the rights of the accused.In this case,there must be a contradiction between the full exercise of the rights of the accused and the simplification of the procedure.Therefore,how to simplify the criminal procedure while ensuring that the rights of the accused are not derogated from has become a question worthy of consideration.On the protection of the rights of the accused in the quick criminal judging procedure,this paper will focus on the following parts:The first part is an overview of the value and allocation of the protection of the rights of the accused in the the quick criminal judging procedure.There is no doubt that the reason why the quick criminal judging procedure is proposed is to further improve the efficiency of case litigation and save judicial resources.But in the pursuit of efficiency,we must also protect the rights of the accused,emphasizing the value of protecting the rights of the accused.To ensure the realization of these values,it is necessary to clarify the irreducible rights enjoyed by the accused in the quick criminal judging procedure.The second part is to introduce the protection of the rights of the accused in the extraterritorial quick criminal judging procedure.Some foreign countries have put forward a quick trial mechanism similar to our country's criminal rapid adjudication earlier,and the legislation is relatively mature.This paper chooses two typical countries,Germany and the United States,through the analysis of the relevant legislation and judicial practice on the protection of the rights of the accused in these two countries,and draws beneficial experience for further improving the relevant legislation in our country.The third part analyses the problems existing in the protection of the rights of the accused in the quick criminal judging procedure in our country.Through the analysis of the current situation and reasons of the defendant's exercise of rights,including the right to know,the right to choose the procedure,the right to appeal,the right to defend and so on,this paper points out the insufficiency of the protection of the defendant's rights in our country at present.The fourth part is some suggestions to improve the protection of the rights of the accused in the quick criminal judging procedure.By comparing the advantages and disadvantages of the relevant provisions of foreign countries and analyzing the problems and causes of the protection of the rights of the accused,this paper puts forward some suggestions on the protection of the rights of the accused at the theoretical level and specific safeguards respectively,hoping to provide some valuable reference for the further improvement of the protection of the rights of the accused in the quick criminal judging procedure.