刑事案件速裁程序的探索与完善——以重庆市司法实践为分析样本

Exploring and perfecting the expedited procedure of criminal cases——Analysis of Chongqing judicial practice

刑事速裁程序试点工作施行之后,轻微刑事案件逐步纳入了认罪认罚从宽处理的司法改革轨道中。目前,刑事速裁程序试点工作反映的问题主要集中在庭审程序公开审理的范围过于笼统,认罪认罚从宽处理尚未充分体现,被害人权益保护力度不足,审前程序与速裁程序不对接等方面。所以,应当从规范不公开审理程序,完善被告人与被害人的权利保护机制,有效衔接审判程序和速裁程序,贯彻落实值班律师制度等方面进行改进,务求完备,力臻实效。

After the pilot implementation of the expedited criminal procedure, the minor criminal cases were grad- ually incorporated into the track of judicial reforms where was lenient with those pleaded guilty and accepted pun- ishment. At present, the problems reflected in the pilot work of expedited criminal procedure mainly focus on the facts that the scope of public hearings for trial proceedings is too general, the lenient treatment for pleading guilty and accepting punishment has not yet been fully reflected, the protection of victims＇ rights and interests is inade- quate, and pre - trial procedures and expedited procedures are not connected. Therefore, it is necessary to improve them from the aspects of standardizing the procedures for closed trials, improving the mechanisms to protect rights for defendants and victims, effectively bridging trial procedures and expedited procedures, and implementing the system of lawyers on duty to ensure that they are complete and effective.