| In our judicial practice,it is difficult to handle too many cases with few investigators.In order to alleviate the pressure of judicial personnel in handling cases,the criminal expedited procedure has emerged as a simplified trial mode.In 2014,in order to construct and improve the criminal expedited procedure,China has carried out pilot work in 18 regions.In 2015,the Supreme People’s Court and the Supreme People’s Procuratorate jointly issued the "Interim Report on the Pilot Program of Expedited Judgment Procedures in Criminal Cases",the report shows that the pilot effect is obvious,judicial pressure has been effectively alleviated,and the efficiency of case handling has been greatly improved.In 2018,the Criminal Procedure Law was revised,and the criminal expedited procedure was officially written into the code.However,there are still many problems to be solved urgently of criminal expedited judgment procedure in the course of judicial practice.In terms of legislation,there is overlap in scope of application between criminal expedited procedure and summary proceedings.The boundaries of their applicability are not clear.This is the reason why it is difficult to increase the application rate of the expedited judgment procedure;In terms of judicial operation,the standard of proof of the case does not match the expedited judgment procedure,and the formalization of court trials is prominent,the substantive role of the trial failed to really play;There are many problems in judicial configuration.For example,the role of duty lawyers is confusing and the protection of the defendant’s litigation rights is insufficient.From the perspective of program operation,the three organs of the public security,the procuratorate and the court are not smoothly connected,which affects the effectiveness of the expedited procedure.And the evaluation of community correction takes too long,which has a negative impact on the application of the quick adjudication procedure.Therefore,it is necessary to improve the procedural rules and structural configuration of criminal proceedings to effectively protect the human rights and procedural rights of defendants.This is the focus of the reform and improvement of my country’s criminal expedited judgment procedure.First of all,this paper analyzes the evolution of the summary procedure,and compares the summary procedure,light sentence expedited trial system and criminal expedited trial procedure established.According to their different functional orientations,the scope of application of the quick-cut procedure is divided to ensure the applicability of the quick-cut procedure.Secondly,by comparing the extraterritorial expedited trial mode with my country’s expedited judgment procedure,summarizing and summarizing extraterritorial experience,combined with my country’s national conditions and judicial practice,to provide reference for the improvement of my country’s criminal expedited judgment procedure.Finally,I will make suggestions for improving the problems exposed during the operation of the criminal expedited judgment procedure.On the one hand,the scope of application of the expedited judgment procedure is clarified,and the application rate of the expedited judgment procedure is increased.At the same time,multi-level proof standards supporting the procedures are established,the formalization of court trials is improved,the substantive functions of court trials are brought into play,and the litigation rights of defendants are effectively guaranteed.On the other hand,improve the relevant judicial supporting system to ensure the smooth connection of the case-handling links of the various organs of the public security,procuratorial and law enforcement agencies.On the premise of maximizing the protection of the defendant’s litigation rights,the objective value of the criminal expedited judgment procedure to improve the litigation efficiency is realized,and the functional utility of the criminal expedited judgment procedure is maximized. |
