Research On Speedy Trail Procedure Of Criminal Cases In China

The Speedy Trail procedure aims at improving the efficiency of litigation,and has the function of balancing justice and efficiency and protecting the legitimate rights and interests of the parties.Since its establishment,it has achieved very good results,shortened the case-handling cycle,improved the efficiency of case-handling,and at the same time made reasonable use of limited judicial resources.But there are some problems in actual operation.The application rate of this procedure in the pilot phase is relatively high,but after its formal establishment,there is a clear downward trend,mainly due to the reluctance of case-handling personnel to use the speedy trail procedure,as well as the regulations on applicable conditions are not reasonable enough.There are many problems in the trial process: the formalization of the trial is serious,the equality and legality of the negotiation between the prosecution and the defense are not fully guaranteed,the voluntary review of the defendant’s confession of guilt and punishment is not in place,and the protection of the defendant’s rights is insufficient.At the same time,there are also controversies about whether the standard of proof for the speedy trail procedure is too high and whether it can be appealed.This article analyzes the above-mentioned problems and puts forward corresponding suggestions for improvement.In response to the low application rate of procedures,on the one hand,we can try to implement direct punishments across the country,simplify the intermediate links,reduce the burden on the case-handling personnel,and eliminate their fear of difficulty.On the other hand,amend legal provisions to build a well-defined procedural application system.During the court hearing,the judge should pay attention to the importance of face-to-face questioning to verify the situation.And they should focus on reviewing the voluntariness of the defendant’s confession and punishment,and verify the authenticity and legitimacy of the confession of guilt and punishment,so as to prevent the defendant from being unfairly treated during the proceedings.At the same time,it is necessary to strengthen the protection of the defendant’s right to know,the right to defense and other legitimate rights and interests.In terms of legislation,the standard of proof in this procedure should be appropriately lowered.The one-instance system should be implemented for some cases that are subject to the speedy trail procedure.