我国轻微刑事案件速裁程序的体系化构建——以效率为价值导向的思考

轻微刑事案件速裁程序是刑事司法改革的重要举措,相较于以公正为价值导向的普通程序、简易程序,速裁程序以效率为最主要的价值导向,具备程序更加简化、期限进一步缩短的特点。速裁程序在极大提高诉讼效率的同时,仍存在着适用范围过于狭窄、程序阶段性衔接不足、侵犯被告人基本诉讼权利等缺陷。对此,应当坚持以效率为速裁程序制度设计的价值导向,总结我国速裁程序试点工作经验,借鉴域外成熟经验,构建贯穿侦查、起诉、审判等刑事诉讼各个阶段的制度体系。

The Systematic Construction of the Speedy Trial Procedure for Minor Criminal Cases in China——Taking Efficiency as the Value-orientation

The speedy trial procedure for minor criminal cases is an important measure proposed during the period of criminal judicial reform.Compared to the normal criminal procedure and summary procedure which are guided by the fair value, the speedy trial procedure takes efficiency as the value-orientation, with the characteristics of being more simplified and more speedy.However, although it can greatly improve the efficiency of litigation, the speedy trial procedure still exists some drawbacks, such as its too narrow application scope, its poor procedural cohension between different steps, and its invasion to the basic rights of the defendants.Therefore, after summarizing the working experience in the pilots of our country and drawing lessons from the overseas,we reach a conclusion that efficiency should become the value-orientation to the speedy trial procedure in order to build up a system including stages ranging from the investigation, the prosecution to the trial.