刑事速裁程序之检视

Reflection on the Criminal Quick Judging Procedure

经过两年的试点探索,刑事速裁程序改革的重要性已为社会各界所公认,但试点暴露出的问题也不容忽视。在诉讼效率层面,速裁程序仍然存在办案沟通机制不健全、案件适用对象较窄、审前程序繁琐等问题。在庭审运行层面,速裁程序应加强对被告人认罪事实的审查,在案件事实证明标准的设定以及辩护律师的职能定位方面,亦存在继续探讨的空间。

After two years of pilot exploration,it is all known that the reform of criminal quick judging procedure is very important.But it cannot be ignored that the pilot has bring some questions.On the aspect of lawsuit efficiency,the criminal quick judging procedure also has many problems.For example,the communication mechanism on handling the case is inadequate,the case applicable objects are narrow,and the pretrial procedure is tedious.At the same time,the criminal quick judging procedure should pay attention to the investigation of the facts on the defendant's confession.In addition,the proof standard and the function of lawyers in the quick judging procedure should also be discussed.