| In order to adapt to the rapid reform of the social rule of law and solve the current situation of insufficient judicial resources,the classification of cases has become one of the inevitable choices at the moment.The new Criminal Procedure Law of 2018 officially included criminal expedited procedures in the framework of legal rules.The establishment of the expedited procedure is aimed at increasing the utilization rate of judicial resources,promoting efficient and fair settlement of litigation disputes,and alleviating the contradiction between many cases and few people in judicial practice.The continuous reform of the criminal procedure system has promoted the continuous development of the practice of the criminal expedited procedure.The application of the expedited procedure is conducive to the diversion of criminal cases and has played a huge role in alleviating judicial pressure.However,with the advancement of the application of cases and the diverse influence of regionalized justice,the shortcomings and problems of the criminal expedited procedure in judicial practice have gradually emerged.By observing the practical operation of the criminal expedited procedure,prosecute its theoretical basis,explore the theoretical roots of the expedited procedure,clarify the value orientation of the expedited procedure,truly grasp the core elements of the expedited procedure,and establish the correct procedural direction.Explore the results of its current system construction,and make statistics on the implementation results and cases of the criminal expedited procedure,summarize and summarize its practice,and take a look at the general situation of the criminal expedited procedure and the operation of the court trial.Through the investigation of some court cases,the statistics of the applicable cases of criminal expedited procedures in some areas,the statistics,analysis and summary of the types of criminal cases,the number of criminal cases,and the length of expedited trials,and found that the current stage The operation of the expedited criminal procedure has problems such as the narrow scope of application of cases and unreasonable prohibitive clauses.It is necessary to expand the scope of application of existing cases and promote the rationalization of the scope of application of the expedited criminal procedure.According to the analysis of the operation of the court trial of the practical procedure,the weakening of the court trial function of the criminal expedited trial procedure,the procedural revolving and the unsmooth connection,etc.,have hindered the improvement of efficiency to a certain extent.Transform the rules to promote the regularization and operability of the criminal expedited procedures.In addition,according to the statistics of case appeals in the expedited procedure,the lack of the defendant’s right to appeal and the effective limitation of the lawyer’s duty system have led to weak protection of the rights of the parties.The rights of the defendant cannot be effectively remedied and protected.At this stage,there is an urgent need for clarification.The defendant’s right to appeal,to consolidate the last line of defense for the protection of his rights.On the other hand,it is necessary to standardize the implementation of the lawyer’s duty system,refine and improve relevant rules,and improve the application of expedited procedures from multiple perspectives. |
