刑事速裁程序积极适用要件问题研究

Study on the Active Application of the Requirements of the Expedited Criminal Procedure

2018年,新修订的《刑事诉讼法》吸收了刑事速裁程序,但其积极适用要件广受诟病,存在刑期条件缺乏证明标准、案件证明标准过高、“认罚”要件内涵范围过大等问题。因此亟须从多方面完善刑事速裁程序积极适用要件,以健全该程序的适用范围。首先,以主客观相结合的判断规则来合理确定刑期证明标准;其次,构建案件分层区分证明标准与速裁程序证据指引制度;最后,厘清“认罚”要件内涵以扭转程序功能缺位不良趋势。

In 2018,the newly revised“Criminal Procedure Law”absorbed the criminal expedited trial procedure,but its active application requirements were widely criticized,and there were problems such as the lack of proof standards for prison terms,the high standard of case proof,and the excessive scope of the connotation of“punishment”requirements.Therefore,it is urgent to improve the active application conditions of the expedited criminal procedure in many ways in order to improve the scope of application of the procedure.Firstly,the criterion of proof of sentence is reasonably determined by combining subjective and objective judgment rules.Secondly,the system of stratified proof standard and evidence guidance of expedited trial procedure is constructed.Finally,clarify the connotation of“punishment”in order to reverse the bad trend of program function absence.