Research On Existing Problems And Countermeasures Of Rapid Cutting Procedure In Criminal Cases

With the accelerated arrival of the information age and the rapid development of economic society,it greatly facilitates People’s Daily necessities.At the same time,the use of information network crimes,credit card crimes,pyramid selling crimes and other crimes show a "blowout" growth trend.In addition,some minor criminal cases such as dangerous driving have also been included in the scope of criminal punishment.The contradiction between the sharp increase of the number of cases and the limited judicial staff is becoming increasingly prominent.How to solve this problem has become a topic of our concern.The famous barrel theory tells us that the amount of water a barrel holds depends not on the longest board in the barrel,but on the shortest one.Combined with judicial practice,it can also be seen that the utilization rate of judicial resources does not depend on the difficult and complex cases tried by strict application of ordinary procedures,but on those simple cases with clear criminal facts and sufficient evidence.Reasonable allocation of judicial resources,promoting the separation of complicated cases,improving the efficiency of handling cases,and setting up a more simplified procedure to deal with minor criminal cases seem to be a breakthrough to solve the problem of fewer cases.The criminal expedited trial procedure has a unique judicial mission,and has played a significant role in the period from the pilot work to the formal determination of legal provisions.On the one hand,it has enriched the criminal procedure of our country,the trial procedure has presented the characteristic of diversity,and promoted the criminal procedure theory to mature;On the other hand,the defendant actively participated in the whole process of the case,cooperated highly and took the initiative to assume part of the judicial responsibility,which greatly relieved the pressure of the judicial organs in handling the case.However,the application scope of the criminal expedited trial procedure is unreasonable and too narrow,which makes many cases that can be applied to the procedure can not be applied.Secondly,the duty lawyer participates in the case passively,which leads to the appearance of the defendant’s confession and punishment.In addition,the specific form of the sentencing suggestion is different,which hinders the effective play of the role of the sentencing suggestion;Finally,the defendant has the phenomenon of arbitrary appeal,no reason to appeal or to delay the execution of the penalty to appeal,leading to the start of the second instance procedure,so that the efficiency of the quick trial procedure can not be fully demonstrated.In order to give full play to the advantages of rapid cutting procedures,develop strengths and circumvent weaknesses,it is necessary to properly adjust the scope of application,maximum application of rapid cutting procedures;Give full play to the role of duty counsel to ensure the voluntary and legal nature of guilty plea;Balance the conflict of the power of legal prosecution and fully release the effectiveness of sentencing suggestions;We will improve the appellate system and restrict some unwarranted appeals from entering the second instance.Through in-depth research and thinking,the expedited criminal trial procedure is constantly optimized,so as to better shoulder the important mission of substantive justice and procedural justice,and highlight the judicial concept of fairness and efficiency.This paper consists of six parts:The first part is an overview of expedited criminal proceedings.This paper mainly analyzes the concept of criminal expedited judicial procedure from the theoretical level,starts with the legal provisions,takes the application conditions of criminal expedited judicial procedure as the starting point,integrates the academic viewpoints existing in the theoretical circle,combs the development process,and grasps the meaning of criminal expedited judicial procedure in an all-round,multi-angle and three-dimensional way by comparing with the summary procedure.The second part is about the application conditions of the procedure.Although the law has clearly stipulated the conditions of application,there are also problems in the application of some conditions in the actual operation.This part mainly combines the phenomenon in judicial practice and makes an in-depth analysis of the identification standards of each requirement.The third part is the empirical analysis of the procedure of rapid criminal proceedings.Taking the criminal expedited trial team of XINYE County People’s Court of Henan Province as an example,this paper introduces the basic situation of the team,and analyzes the application effect of the criminal expedited trial procedure.The rational allocation of judicial resources has significantly reduced the number of appeals,and promoted the reform of the trial organization.The fourth part is about the problems in the procedure of speed cutting in our country.Summarize and sort out the problems existing in the operation of the criminal expedited trial procedure,mainly from the scope of application is too narrow,the existence of confession of punishment surface phenomenon,the specific form of sentencing suggestions have differences and the existence of unreasonable and malicious appeals.The fifth part is the reason analysis of the problems in the expedited procedure.In-depth analysis of the reasons behind the problems,from the scope of application of the summary procedure competition and cooperation,duty lawyer participation passive and passive analysis,legal prosecution power conflict and on the appeal of the theory of four aspects of the analysis,for the next step to improve the speed trial procedure to lay the foundation.The sixth part includes the suggestions to perfect the procedure for speed cutting in our country.Aiming at the deep-rooted reasons,it adjusts the application scope of the criminal expedited trial procedure by adjusting the applicable scope of the sentence,relaxing the applicable conditions of the restriction and strengthening the supervision of the procedure transformation.Improve the enthusiasm of duty lawyers to participate in cases by improving subsidy treatment,clarifying function positioning and improving service quality;To balance the judicial power and the public prosecution power by clarifying the court’s right to decide,strengthening the reasoning of sentencing suggestions and limiting the legal understanding;We will gradually explore ways to improve the appeals system by allowing defendants to waive their right of appeal and improving the fast-track system of second instance.