Quantification And Application Of The Diversion Standard Of Criminal Expedited Procedure

On October 26,2018,the Criminal Procedure Law of the People’ s Republic of China was revised,and the criminal expedited procedure was formally included as a separate section.Since.the end of the four-year pilot work,the criminal expedited procedure has been confirmed by law form,which is different from the summary procedure,as a kind of trial procedure,more simple and quick,and realizes the complicated and simple diversion of criminal cases,makes the criminal procedure structure of our country more rich and diversified.However,the criminal expedited procedure is a new thing in the field of criminal justice in China,and it is far from being able to solve the problems existing in the practical operation only by relying on the five provisions of the Criminal Procedure Law,for example,the low application rate of expedited procedure,a inconsistent procedure matches a similar cases,and so on.The lack of a unified diversion standard,which leads to the confusion and unsatisfactory application effect of the criminal expedited procedure in practice to a certain extent,is a problem that should be solved quickly.In this regard,It is necessary to quantify the diversion standard of criminal expedited procedure,so as to match the case with the corresponding litigation procedure more economically,effectively and reasonably.A quantifiable diversion standard can not only highlight the efficiency value of criminal quick decision procedure,but also can improve the reform of the judicial system.Meanwhile,it will provide ope rational guidance for judicial practice,making the application of the procedure more predictable and coincident.By statistical methods,the logistic regression analysis,the diversion standard will just turn to a simple equation,getting out of the mindset of charge.The case elements,reflecting the complexity of the case,can be used as the standard to judge the procedure is applicable,meanwhile,the case elements can also be collected from the judgment documents,which means this method is feasible.Based on the binomial classification characteristics of each case factor,the logistic regression analysis method is introduced to collect the corresponding case elements in three dimensions of defendant,fact and sentencing,by taking the judgment documents of the trial court in S province as samples,the correlation of each factor and its influence on the probability of application of the procedure was analyzed,with specific rules,the standard of whether the case is applicable to the criminal expedited procedure will be obtained.By extended application,like evaluating of criminal quick adjudication,and applying this standard throughout the process,application system of the criminal expedited diversion standard was constructed,finally promoting to achieve the scientific simplification of criminal cases diversion in line with the judicial laws.