Research On The Procedure Of The Expedited Handling Of Public Security Punishment Cases

In 2018,by studying the expedited procedures for criminal cases and drawing on the plea-bargaining system,the Ministry of Public Security has set new expedited handling procedure in the departmental regulations.The expedited handling procedure is an important innovation of the administrative law enforcement reform of public security organs,which is an important initiative to speed up the handling of simple public security cases by public security organs and alleviate the contradiction between the amount of cases and the amount of people at the grassroots level after the simple procedure.But,after implementing more than three years,there is a considerable deviation between the design of the expedited handling procedure and its implementation effect.Therefore,the study of the expedited handling procedures can clarify its basic principles and values,discover its problematic status,and put forward relevant suggestions for improvement,so as to promote the standardization of law enforcement of public security organs and enhance the effectiveness of public security law enforcement.The expedited handling of public security punishment cases has the characteristics of the general nature of the subject of the violation,the minor nature of the violation and the acceleration of the processing procedure.It is also different from the common summary procedures,general procedures and public security mediation in public security cases.The expedited handling procedure uses participatory administration,administrative efficiency,and balance theory as its theoretical foundation to constitute its theoretical source,highlighting its value function of promoting the streamlining of cases,weighing justice and efficiency,and eliminating adversarial relationships.However,the current situation in legislation and law enforcement is more reflective of the many problems with expedited handling procedure,mainly in the ambiguity of the procedural provisions themselves,and the lack of protection for the rights of the suspect.In order to improve the expedited handling procedure of public security punishment cases and realize the administrative law value of balancing justice and efficiency,the expedited handling procedure can be regulated on the basis of the experience of overseas procedural regulation,refine the relevant provisions of the procedure at the legislative level,and establish a sound procedural supervision and relief system at the implementation level.