日本刑事迅速审判权的发展及其启示

Development and Revelation of the Right to Criminal Speedy trials in Japan

诉讼拖延不仅会侵害被告人的防御能力,造成被告人精神痛苦,也会造成国家司法资源的浪费。日本近几年来开始注意被告人的迅速审判权的保护及迅速审判法制的建立。日本的风土民情和法律制度与我国较为相近,因此,日本迅速审判制度的发展很值得我国参考。我国应尊重人权,保障被告人的期间利益。迅速审判的立法应循序渐进,先作整体的评估和计划,推动诉讼程序的加速,等制度完备成熟后再将迅速审判权利化。

Action delay would not only impair defendant's defensive power and cause their mental distress , but also lead to the waste of judicial resources .Over the years, in Japan, greater and greater attention has been paid to the protection of defendant's right to speedy trial and the establishment of speedy trial system .Thanks to the similar-ity of local customs and legal systems between Japan and China , it may be possible for us to use Japanese experi-ence for reference, including its absorption from U.S.Speedy Trial Act.In my view, it's necessary for us to respect human rights and protect defendant's interest of limitation .The speedy trial right and system should be built step by step , beginning with a whole assessment and a complete plan in accelerating legal proceeding and making it one of defendant's rights after the full and mature legal system has been established .