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刑事普通程序简化审是最高人民法院等司法部门为提高刑事案件的质量和效率,在现有的刑事诉讼法的框架内,对某些“被告人认罪案件”采取简化部分审理程序,快速审结案件的一种新的庭审方式。从实践来看,适用普通程序简化审的案件防止了庭审的繁琐和形式化,使案件的审理仅仅围绕重点和焦点进行,起到了加快诉讼节奏降低诉讼成本的积极作用。但是,由于该程序是刑事审判方式改革中的一种新的尝试,其有效发挥程序分流功能的立法意图没有真正达到预期效果,而立法规定的不完善也致使实践中暴露出诸多问题。在这种情况下,本文正是针对我国“被告人认罪案件”庭审中存在问题进行反思,从理论上对普通程序简化审的价值取向等进行探讨。
Simplification trial of criminal common procedure is the judicial department of the Supreme People’s Court. In order to improve the quality and efficiency of criminal cases, within the framework of the existing criminal procedure law, some simplified trial procedures are applied to certain “plea guilty pleas” A new way of hearing the case. From a practical point of view, the application of ordinary procedures to simplify the trial to prevent the trial of the cumbersome and formal, the trial of the case only focus on focus and focus, played a rhythm to speed up litigation to reduce litigation costs a positive role. However, since this procedure is a new attempt in the reform of the criminal trial method, its legislative intention of effectively exerting the function of procedural diversion does not really achieve the desired effect. However, the imperfection of the legislative provisions has also exposed many problems in practice. Under such circumstances, this article is to reflect on the existing problems in court trial of “guilty pleadings of defendants” in our country, and to discuss the value orientation of simplifying trial of common procedure in theory.