| As the current inevitable requirement centered on trial,under the unified deployment and promotion of various departments of the judicial system,the expedited adjudication procedure has been widely implemented across the country.It took two years for the work of confessing guilt and punishment and expeditious adjudication to advance steadily,and many areas have adopted practice I have accumulated a certain amount of experience,and at the same time discovered some questions that need theoretical answers.Therefore,this article will conduct research from the following four aspects:The introduction part summarizes the research background,significance and current situation,and systematically summarizes the achievements of scholars and judicial workers in foreign and domestic countries.The first chapter is the basic situation of the investigation of the criminal expedited procedure of the basic court in City A.Introduce the reasons for the selection of research sites,research history and research methods.The author selected the courts with the largest number of cases in the grassroots courts in City A,pilot courts,and ethnic minority courts for investigation,field visits and investigations,and comparisons between 2017 and 2019 two years before and after the implementation of the quick decision,and found outstanding problems in practice.The second chapter is the summary analysis of the investigation data of the criminal case in A city.We collected data on the proportion of closed cases,the proportion of case types,the appeal rate,and the time-consuming trial of the two-year expedited cases in 2017 and 2019.Comparing the two years before and after the implementation,there is little change in the types of fast-decision cases accepted.The legislation meets the requirements of judicial practice,and the trial time is greatly shortened.However,there are also problems such as the low application rate of the fast-decision procedure compared with the summary procedure and the extremely small number of appeal cases.The third chapter is the analysis of the problem of the criminal case in the basic court of A city.From the actual data to the theoretical level,the problems found in the expedited procedure are mainly concentrated in three categories: the weighing problem of fair value and efficiency value,the problem of procedural connection,and the problem of rights protection.The first category,the issue of fairness and efficiency,can be refined into three issues: the application rate of expedited procedures is not high,court hearings are formalized,and expedited procedures weaken evidence review.Accelerated cases need to be heard quickly to improve efficiency.It is inevitable that people question the fairness of the case.Whether the trial is useful in just a few minutes.The consequence of simplifying the review of evidence is the unfairness of the judgment,which leads to the judges to reduce the application of the expedited procedure for trial.The second category,procedural convergence,can be divided into three aspects: upper and lower procedures,equal procedures,and court system internal procedures.The problem of the connection between the upper and lower procedures is mainly the appeal problem of the expedited case.The low appeal rate makes the two-instance final adjudication system emptied.It is a hot issue in practice whether the heavier penalty of the court of second-instance appeal against guilty or non-confession is a violation of the principle of no penalty on appeal.The main problem of the connection of equal procedures is the lack of cooperation between the various judicial agencies,and the closed doors of various agencies are not conducive to improving efficiency.The division of complicated and simple cases within the courts is not standardized and humanized,and it cannot encourage judges to hear cases quickly.The third category is the protection of rights,which can be divided into the protection of the rights of the defendant and the protection of the rights of the victim according to the subject.The most prominent manifestation of the defendant’s rights protection is the duty lawyer system.City A is located in an underdeveloped western region,and the coverage of lawyers is low,so the role of duty lawyers has not been brought into play.The protection of the rights of victims is not clearly stipulated and needs to be taken seriously in the future.The fourth chapter proposes perfect suggestions and future prospects for the above problems.First of all,expedited cases should focus on fairness and efficiency,strengthen the system to encourage the courts to apply expedited procedures,ensure the leading role of judges in court hearings,and improve the authenticity of evidence to enable judges to conduct high-quality and efficient trials.Secondly,it is necessary to refine the relevant procedures for the defendant’s appeals,enhance the coordination of various agencies in handling quick cases,and explore the application system for intelligent diversion of quick cases.Finally,with regard to the protection of rights,in the future,duty lawyers can be given certain defense rights and pay attention to the needs of victims. |
