对刑事速裁程序侦查阶段试点情况的调查与分析

A Survey and Analysis on the Criminal Quick Trial Procedure during the Investigation Period

刑事速裁程序试行已近两年,在侦查阶段由于制度粗略、警力不足等原因,存在试行积极性不足的问题,公安机关各试行单位对速裁程序启动时间、侦查办案期限、办案力量、取证规则及证明标准等具体问题存在不一致的认识和做法。总结侦查实务部门观点及经验,建议速裁程序可以在侦查过程中启动,也可以在侦查终结时建议检察院适用;因地制宜地决定案件的具体侦查工作是否由相对固定人员办理,并在法制或案审部门设立速裁案件的专职阅卷人员;侦查期限以一个月为宜;制定《速裁案件证据收集指引》,明确取证要求和证明标准;建全办案协作平台、网络办公系统,合理简化办案环节。

The criminal quick trail procedure has been tried out for nearly two years. Yet, due to the imperfectsystem and the insufficient police force during the investigation period, not too much enthusiasm has been put intothe procedure, and the public security organizations in different levels have not formed a unanimous understandingabout the time to start the quick trial procedure, the deadline for the investigation, the investigators allocated to acertain case, the rule of obtaining evidence, and the standard of proof. After summarizing opinions and experiencefrom the investigation departments, we can put forward the following suggestions the quick trail procedure shouldbe started during the investigation or be started by procuratorates when the investigation ends ; whether the investigationis handled by a fixed group of staff depends on specific conditions in different cases; there should be fulltimechecking staff dealing with paperwork for quick trail cases in the department of legal affairs or in trial departments; the duration for investigation should be limited to 1 month ; the Instruction for Gathering Evidencein QuickTrial Cases should be formulated so that requirements and standards about the evidence gathering can be identified;a platform for coordination during the investigation and a network office system should be established so that proceduresfor cases can be simplified.