刑事速裁程序的羁押问题分析

Analysis of the Detention in the Quick Trial Procedure for Criminal Cases

两年的试点期内,刑事速裁程序在缓解"案多人少"的矛盾中发挥了巨大的作用。但经过实践的检验,速裁程序在宏观的制度建构上较为粗放,在微观的实践运行中存在诸多阻碍。其中羁押问题较为突出,成为这一制度发展的瓶颈。从速裁程序的运行状况来看,羁押问题主要从实体和程序两个角度对速裁程序产生了影响。羁押问题难以解决的深层次原因分别是司法理念问题、程序建构粗放以及程序简化不足。鉴于此,速裁程序需要转变司法理念、控制羁押适用、构建审前联动机制、完善非羁押性替代措施以及改革考核体系,从而构建速裁程序的羁押新格局。

Within two years of the pilot period, the quick trial procedure for criminal cases has played an im-portant role in alleviating the contradiction led by the ＂ litigation explosion＂. However, after being put into the practice, the criminal quick trial procedure is found that it is too extensive at the macro level, and has many obsta-cles at the micro level. And the detention appears to be a prominent problem for the procedure, which becomes the bottleneck of its development. Based on the operating status, it is found that the detention makes an impact on the quick trial procedure mainly from two angles, that is, the entity and the procedure. And the deep reasons why the detention remains a problem in the quick trial procedure for criminal cases come from the stiff judicial philosophy, the imperfect procedure construction, and the less simplified formalities. In view of this, the quick trial procedure should be reformed in order to construct a new pattern for the detention.