刑事速裁程序实施问题与对策研究——以北京市C区法院为样本

The Implemention Issues and Countermeasure Study of Fast- track Sentencing Procedure for Criminal Cases

刑事速裁程序试点过程中,通过适用速裁程序在一定程度上提升了诉讼效率,取得了一定的实效,但仍存在着适用率不高、效率提升不明显、被告人权利保障不足等问题。在今后的改革中,应明确速裁程序以效率为价值追求,全程简化诉讼流程,建立强制律师帮助制度,改革审理方式,明确量刑优惠幅度,原则上实行一审终审,进而完善速裁程序,使其成为普通程序、简易程序之外的第三种诉讼程序。

The two-year period pilot work on fast-track sentencing procedure for criminal cases will expire soon. In the couse of the pilot work, the lawsuit efficiency has been promoted to some degrees and good effects have been achieved by means of apply- ing the fast-track sentencing procedure. However, some problems still exsit, e.g. the applicable rate is not high, the efficiency is not obvious, the protection for the defendants＂ rights is not sufficient. In the future reform, the pursuit of efficiency shall be the aim of this procedure, and simplifying the process of litigation, building system of compulsory lawyers aids, reforming the trying form, clearing sentencing discounts, and practicng the finality of the judgment of first instance in principle are specific measures to further improve the fast-track sentencing procedure. As a result, fast-track sentencing procedure will become the third proce- dure beyond ordinary procedure and summary procedure.