| With the orderly expansion of the legislation of minor crime and the rising of the rate of minor crime,the structure of crime and punishment has changed significantly,which mainly shows that the number of minor crimes is increasing and the number of serious violent crimes is decreasing.Minor crime has become the main object of our crime governance.At the same time,the new aspect of crime governance requires the criminal justice to respond in time and deepen the reform of criminal procedure system to cope with the need of misdemeanor governance.The criminal speed adjudication procedure is not only the procedural carrier for the implementation of the lenient guilty plea system in misdemeanor cases,but also the core component of the construction of the misdemeanor litigation system,and the key point to realize the difference between misdemeanor cases and felony cases,so as to respond to people’s higher requirements for legal justice and efficiency.At the same time,it should be noted that there are a series of problems in the process of practical application of criminal speed judgment procedure,which lead to its function does not play the expected effect,and even has the tendency of value function deviation and alienation.From the perspective of the whole criminal justice system,it shows that the institutional advantages of the misdemeanor litigation system have not been fully activated.Therefore,it is urgent to improve the specific rule design of institutional procedures,and on this basis,improve the related supporting systems to make up for the deficiency of the standard level,and respond to the demand of judicial practice.The first part mainly analyzes the misdemeanor orientation of the criminal rule of law at the current stage in China,and what needs and changes are surrounding the misdemeanor governance on criminal justice at the current stage,as well as how to respond to this in the criminal procedure level.As well as the judicial status quo and dilemma of this new face down misdemeanor governance.The second part aims to analyze the basis of the retrospective theory,explore the theoretical roots of the expedited criminal procedure,and focus on the important value of the expedited criminal procedure in the management of misdemeanors.Value analysis is a major focus of this chapter.Only by clarifying the necessity of criminal expedited judgment procedure,can we fundamentally clarify the importance of criminal expedited judgment procedure in the current crime governance.In the third part,through the analysis of the current situation of the operation of criminal expedited judgment procedure in judicial practice,the author summarizes and summarizes the practice,peeks into the general situation of the operation of criminal expedited judgment procedure and the operation of court trial,and examines the deviation of the application rate and the alienation of court trial function in the judicial practice of criminal expedited judgment procedure under the background of misdemeanor governance.The fourth part mainly reflects on the reasons for the ineffectiveness of the criminal expedited judgment procedure in practice,and analyzes the crux of the problem from the aspects of careless setting of multiple procedures,inappropriate application of rules,obstacles and risks in the application of procedures.The fifth part is based on the practical context and needs of misdemeanor governance,criticizes the concept of efficiency first in the practice of expedited adjudication procedure,and makes exploratory research on the improvement of criminal expedited adjudication procedure based on the legitimacy of procedure simplification,in order to make up for the lack of norms and practice.We will make a preliminary exploration of the new trial mode of criminal expedited adjudication procedure,find a way out of the reform of the expedited adjudication procedure by comparing the similar case handling modes abroad,and put forward suggestions on the improvement of the supporting systems and procedures related to the criminal expedited adjudication procedure in criminal justice,so as to realize the fine and detailed crime governance with different degrees of severity,thereby further promoting the modernization and scientificalness of our criminal justice system. |
