Research On The Defendant's Procedural Choice In Criminal Fast-track Procedur

As a new top-level design of judicial system,the procedure of criminal procedure is an important exploration in the field of lawsuit diversion and charge and defense consultation,with guilty plea and consent as the core of the defendant.The efficiencyoriented biased procedural structure in our criminal rapid trial procedure has brought systematic impact to the protection of the rights of the defendant and the supply of the procedural rights of the defendant is facing major challenges.From the perspective of rights,the essence of the criminal expedited trial procedure lies in that the defendant gives up part of the procedural litigation rights,and the defendant voluntarily disposes of procedural interests,which makes the application of the procedure possible.Under the historical background of the rise of the consultative litigation mode,it can be seen from the re-analysis of the connotation of the right of the quick trial procedure and the procedural option of the criminal case: the procedural option of the defendant with the disposal ability and information equality as two wings and the voluntary framework as the skeleton is the key to the supply of procedural rights of the defendant in the reform logic of "right to profit".It is necessary to perfect the structure of the procedural option of the defendant in the existing mechanism in order to find that the prosecution and defense are in the same equal arena in order to cope with the unsound rules of selective ability,the structural defects of voluntary examination and the dominant position of the procuratorial organ in the procedural game.One is to correct the rules of procedural disposition capacity in the expedited criminal proceedings;The second is to construct a voluntary review mechanism which integrates the right of objection,the right of limited estoppel and the voluntary substantive review.The third is to Improve the linkage mechanism of lawyers’ help and information equality between defendants and defenders to improve defendants’ ability to choose procedures;The fourth is to protect the defendant’s choice of procedure through the right type supervision path of public confession and punishment statement.