刑事速裁程序试点问题探究--以北京市大兴区人民检察院为样本

Pilot Program of Criminal Speedy Adjudication Procedure:Take Daxing District People's Procuratorate in Beijing as An Example

从调研的效果看,目前适用范围有限且罪名集中,刑事速裁案件配套措施不完善,社会调查的适用存在现实困境。法律援助值班律师功能虚化,诉讼公正和诉讼效率的价值之间存在冲突。应以认罪认罚从宽制度试点工作为契机逐步扩展,确立新的适用范围。我国应加强顶层设计,突出刑事速裁程序的制度定位与功能要求,规范强制措施标准。规范强制措施标准,完善社会调查机制,保障缓刑适用。对援助律师值班制度进行实质性优化,发挥其应有作用。维护程序公正性,防止过度注重效率而带来的诉讼风险。

Judging from the effect of the investigation,the application scope of speedy adjudication procedure is limited,the charges are concentrated at present,the supporting measures for the case are not perfect,and the application of social investigation has the practical difficulties.The legal aid from duty lawyer is ignored.There is a conflict between the value of lawsuit justice and that of litigation efficiency.A new application scope should be expanded and established with pilot work of the lenient system of pleaded guilty and recognized fine.Top-level design in China should be strengthened,system positioning and function of speedy adjudication procedure should be highlighted,standard of compulsory measures should be regulated,the social investigation mechanism should be improved,and the application of probation should be guaranteed.The duty system of aid lawyer should be substantive optimized to play its due role.Procedural fairness should be maintained to prevent litigation risks brought by over-emphasis on efficiency.