关于我国刑事简易程序的思考

Reflection on Criminal Summary Procedure in China

刑事简易程序自诞生之时就承担着案件分流和缓和社会矛盾的重要作用,但司法实践中简易程序未能充分发挥其作用,难以突破固有模式。伴随着速裁程序、认罪认罚制度的建立,刑事审判程序框架逐步调整完善,简易程序应该重新确立自身地位。简易程序、速裁程序和认罪认罚从宽制度的协调运行,有利于我国刑事简易程序的重构及刑事审判程序的发展完善。

Since the birth of criminal summary procedure, it has played the important role of case diversion and easing social contradictions, but the summary procedure in judicial practice has failed to give full play to its role and it is difficult to break through the inherent mode. With the establishment of the system of speed and plea penalty, the framework of criminal trial procedure enters the stage of adjustment and perfection, and the summary procedure should redefine its own status. To study the criminal summary procedure in our country, we can start from analyzing and comparing the characteristics of different trial procedures in our country, find out the difficult problems of program operation, and provide solutions for the reconstruction of criminal summary procedure and the development and perfection of criminal trial procedure in our country by discussing the coordinated operation mode of simple procedure, speed procedure and penalty leniency system.