Study On The Fast-track Sentencing Procedure Under The Theory Of Fairness And Efficiency

Since August 2014,the Fast-Track Sentencing Procedure have been piloted in 18 cities in China.The original intention of establishing the Fast-Track Sentencing Procedure was to simplify the procedures,optimize the allocation of resources,promote the diversion of cases,and increase the efficiency of trials.As a pilot legislation,whether the Fast-Track Sentencing Procedure can handle the contradiction between fairness and efficiency,whether it can become an independent litigation procedure and incorporate it in the criminal procedure law needs to be tested by practice.In the course of the operation of the system,due to the solidification of the concept of fairness,the scope of application of the criminal swift procedure was too narrow,and the scope of the case was not open to the public.The unilateral emphasis on efficiency ignored the fairness and brought the defendant’s lenient punishment provisions to no specific standards.The legislation of the protection of rights and interests is too crude,and the expedited procedures for the investigation stage are regulated.This has exposed the problems of lack of procedure design and problems in judicial practice caused by the failure to properly handle fair and efficient value positioning.The incompleteness of supporting mechanisms in practice hinders the coordination of fairness and efficiency,and it is also a major factor that restricts the development of the Fast-Track Sentencing Procedure in China.Suggestions for improvement measures are as follows: In the process,efficiency is improved.In practice,pretrial preparation procedures and trial procedures are improved according to the different stages of the trial.The entity pays attention to fairness,expands the scope of application of expedited procedures,and clearly defines the scope of the punishment.The case will not be openly reviewed;it will improve the supporting measures for the system,and establish a linkage mechanism for public security laws,optimize the proportion of posts,and establish a selection mechanism to ensure the smooth operation of the Fast-Track Sentencing Procedure.