以效率为价值导向的刑事速裁程序论纲

On The Construction of Criminal Speedy Trial Procedure Based On Efficiency As The Value Oriented

与普通程序以公正价值为导向、简易程序兼顾公正与效率价值为导向不同,刑事速裁程序的构建应当以效率作为其价值导向。为此,在适用范围、强制措施、证明标准、法律援助、审理方式、审级、量刑、速裁法官以及裁判文书,刑事速裁程序都应当有其自身的特点。

The criminal speedy trial procedure should be based on the orientation of efficiency, and this is different from the normal trial procedure which is based on the value of fairness while it is also different from the summary procedure which is based on the combination of fairness and efficiency. Therefore the criminal speedy trial procedure should have its own characteristics in aspects such as the scope of application, compul- sory measures, proof standards, legal aid, trial way, trial instance, sentencing, trial judge and the judgment format.