刑事速裁程序实证研究——以S区刑事速裁程序适用为范本

Empirical Study on Quick Judging Procedure——Taking S District Quick Judging Procedure as an Example

刑事速裁程序以促进诉讼繁简分流为首要价值,以提升诉讼效率保障司法公正为最终目的,适用速裁程序实现司法资源优化配置,是当前刑事案件办理的必然选择。为提升刑事案件速裁程序的适用率,应进一步放宽两高两部《关于在部分地区开展刑事速裁程序试点工作的办法》中速裁程序适用的罪名和条件,祛除对扰乱公共秩序犯罪适用刑事速裁程序的"公共场所"限制,将当事人就赔偿和解等事项达成调解和解的条件增加例外条款,允许未解决赔偿和解问题但双方均同意适用刑事速裁程序的案件适用速裁程序办理,在实践中厘清认识,不以社会调查评估结果作为刑事速裁程序的适用前提,加强与公安机关的沟通,提升公安机关对速裁程序的适用意识。

Quick criminal judging procedure try to promote the classification of complexity and simple as its first value, in order to enhance the efficiency of lawsuit guarantee judicial justice as the final goal. The construction of quick criminal judging procedure can remarkably improve litigation efficiency and equitably distribution the judicial resource. The application of quick criminal judging procedure can help to achieve the optimal allocation of judicial resources,. So it is the inevitable choice of the current criminal case. In order to promote the application of quick criminal judging procedure, we should open up further to the accusations and conditions under the directions of ＂Fast Trial On Criminal Case Conducted Pilot Programs In Some Areas Of The Measures＂ . （Hereinafter referred to as the ＂Pilot＂） We should remove the restrictions of the crime of disrupting public order in ＂public places＂ which applicable to the Pilot, adding exceptional clause to the parties concerned to the cases of compensation and compromise. Allowing the parties concerned use quick criminal judging procedure to deal with cases which haven＇ t been compensated or compromised. The aim is to clarify the understanding through practice, not use the social survey evaluation results as the applicable premise of quick criminal judging procedure. Strengthen the communication with the public security organ to promote the consciousness of them on the application of quick criminal judging procedure.