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社会对刑事速裁程序的褒与贬集中在效率与公平这两种价值的博弈。一方面,刑事速裁程序之“速”展现了司法系统更高的工作效率,高效则意味着资源配置的更合理、分工的更明确、人力物力的更节约;另一方面,因刑事速裁程序的审限大幅缩短,被告人的先行羁押期也相应大幅压缩,最终的宣告刑期也变得更符合罪责刑相适应原则。实现刑事速裁程序的两大价值有赖于建立“专员专立、专庭专审”机制、建立法律帮助制度、优化具体工作机制、改进宣传方式等,让效率为公平所用,让公平更早到来。
The judgments and derogations of the criminal prosecution in criminal proceedings in the two games of efficiency and fairness. On the one hand, the “speed” of the criminal arbitration process shows a higher efficiency of the judicial system. Efficient means more rational allocation of resources, clearer division of labor and more economical manpower and material resources. On the other hand, The arbitration proceedings for the speed arbitration proceedings have been drastically reduced and the defendants’ prior custody periods have also been drastically reduced accordingly. The final declaration of sentence has also become more consistent with the principle of adapting crimes, punishments and punishments. The two great values of realizing the criminal speed arbitration process depend on the establishment of a system of “expert-based commissioners and special trial courts”, the establishment of a legal aid system, optimization of specific working mechanisms and improvement of methods of publicity so as to make efficiency more equitable and fair Early arrival.