论文部分内容阅读
刑事速裁程序试点过程中,通过适用速裁程序在一定程度上提升了诉讼效率,取得了一定的实效,但仍存在着适用率不高、效率提升不明显、被告人权利保障不足等问题。在今后的改革中,应明确速裁程序以效率为价值追求,全程简化诉讼流程,建立强制律师帮助制度,改革审理方式,明确量刑优惠幅度,原则上实行一审终审,进而完善速裁程序,使其成为普通程序、简易程序之外的第三种诉讼程序。
In the course of piloting the criminal arbitration proceedings, the procedural efficiency was promoted to a certain extent by the application of the arbitration proceedings, and some practical results have been achieved. However, there are still some problems such as the low applicable rate, the insignificant increase in efficiency and the insufficient protection of defendants’ rights. In the future reform, it is necessary to clarify the speed-punish procedure with the pursuit of efficiency as its value, to simplify the process of litigation throughout the entire process, to establish a system of compulsory solicitor assistance, to reform the mode of trial, to define the margin of preference for sentencing, and to finalize the trial of first instance in principle, It became the third procedure other than ordinary procedure and summary procedure.