论我国刑事处罚令程序的构建

Construction of Chinese Criminal Procedure of Penal Order

随着我国逐渐步入社会转型期,社会矛盾凸显,刑事犯罪高发,构建不同的审判程序以适应不同种类的案件需要,在公正和效率之间追求平衡点,是各国刑事立法改革的共同趋势。刑事案件的简繁不一,导致目前我国刑事简易程序在适用中出现局限性。从经验和规范的角度看,将刑事处罚令程序引入到诉讼程序之中,实现程序再分流,具有可行性和必要性,是我国刑事立法改革的新方向。

It is necessary to construct a variety of trial programs to accommodate various cases so that both justice and efficiency could be achieved. Such is many countries’ common objective in reforming their criminal legislation, and this is especially significant in China, where great transformation is taking place, resulting in sharper social contradiction and higher criminal rate. Criminal cases are different from each other in nature, and criminal summary procedure is unlikely to be applica-ble to all, thus, it is imperative and feasible to introduce the criminal procedure of penal order into criminal summary procedure and sub-categorize different cases.