Research On The Effective Protection Of The Accused’s Rights In The Procedure Of Quick Adjudication

Since the implementation of the Amendment to the Criminal Law（VIII）and the abolishment of the reeducation through Labor system,cases of light punishment have surged in China.Authorized by the National People’s Congress in 2014,the Supreme People’s Court and the Supreme People’s Procuratorate carried out trials of expedited criminal cases in some regions in order to ease the "contradiction between individual cases" and rationally allocate judicial resources.The preliminary exploration of the leniency system of the guilty plea of quick judgment procedure provides a foundation for the pilot work of the leniency system of guilty plea in 2016,and finally the quick judgment procedure is included in the leniency system of guilty plea.The simplification of procedure and the strengthening of the protection of the accused’s rights are the basis of the fair trial of the case.The procedure of expedited criminal trial in China has just started.Through the analysis and investigation of the data and materials in the pilot areas of expedited criminal trial,the following problems are found in the protection of the rights of the accused:The procedural right of disclosure and option of the accused is incomplete,and the notification procedure is defective;Although the duty lawyer system is set up,it is difficult to realize the right of defense due to its own positioning and lack of rights.The unknown standard of sentencing preferential treatment leads to the disunity of leniency punishment,and the strong public power leads to the insignificant negotiation effect in sentencing.The supervision mechanism and appeal mechanism of quick cutting procedure are not perfect.Therefore,it is necessary to establish and perfect the protection of the rights of the accused in the criminal speedy adjudication procedure.In view of the deficiencies in the protection of the right of the accused in the rapid arbitration procedure in China,this paper makes a comparative analysis and research,and puts forward the protection of the accused’s right to know and choose the procedure.Define the position of on-duty lawyers,broaden the rights of on-duty lawyers,and guarantee the quality of legal aid for on-duty lawyers;Refining sentencing preferential treatment in criminal speedy adjudication procedure,balancing the power of both parties in sentencing negotiation;Improve the supervision and appeal mechanism of quick judgment procedure and other measures to effectively protect the litigation rights of the accused in the criminal quick judgment procedure.