刑事速裁案件集中审理的正当性 及其保障

The trial work of criminal quick-adjudication procedure carried out well and achieved remarkable results; at the same time, it also caused problems. Since it is an experimental reform, a series of exploratory practices have appeared in practice, among which centralized adjudication is one of them. "centralized hearing" means that the same group of public prosecutors and judges deal with many different cases in turn in the same time period in order to avoid the cumbersome procedure caused by the respective court sessions, in order to improve the efficiency of adjudication. The facts are clear, the evidence is sufficient, the suspect or defendant has no objection to the fact of the crime, and the penalty is lighter, so the case can be dealt with. The same cases are heard in a centralized manner. The centralized adjudication procedure can fill the loophole of our country's summary procedure effectively. On the one hand, the examination and approval of criminal summary procedure is too cumbersome. Meeting discussion system, leading examination and approval system seriously reduced the work efficiency of summary procedure cases. On the other hand, the legal documents of summary procedure are too complicated, which results in too much time for the clerical work and increases the burden on the case handlers. Furthermore, the suitable criminal procedure can effectively solve the difficult situation of speeding up the summary procedure, and make the judicial resources shift from the equal allocation to the differentiated allocation. However, the lower rate of application of the procedure and The voluntary nature of the defendant's confession is difficult to obtain effective protection and so on. There are also structural defects in the start-up and transformation mechanism. The root cause is the fuzziness of the basis of its construction-justification. Therefore, this paper first investigates and analyzes the first-line experience of the centralized adjudication procedure in each pilot area, and obtains the practical basis of its legitimacy. Secondly, with the popularization of summary procedure and rapid adjudication procedure and the expansion of the scope of application of the legal provisions, the necessity of centralized adjudication procedure is obtained. Finally, combining with the diversion mechanism from the source of the case on the basis of practice, the crime of applying the premise to the procedure of quick adjudication is committed. The mechanism of voluntary admission of guilt and punishment and the procedure to ensure the rights and interests of criminal suspects and defendants are from three angles: the initiation and transformation mechanism of the rights and interests of suspects and defendants; This paper puts forward three supporting measures to guarantee the feasibility of centralized adjudication of the speedy adjudication procedure, with the intention of providing a theoretical basis for realizing the legitimacy of the application of the criminal fast-adjudication procedure, and then improving the applicable rate of the criminal fast-adjudication procedure.