Abstract:
China's recent criminal procedure reforms have followed the summarizing trial trend developed in the international criminal procedure reforms,adding a speedy trial procedure for criminal cases in addition to the common trial procedure and summary trial procedure. This is the inevitable product of the mitigation development of punishment,and is also beneficial to improve judicial efficiency. The common trial procedure pursues the right guarantee; the summary trial procedure pursues the judicial efficiency. Focusing different value cores,the criminal trial procedure pursues efficiency and summary on the basis of fairness,and divides criminal cases into different exits based on the crime character and sentencing weight. In substantiation,the criminal law divides the crime into different levels; accordingly,the criminal procedure law regulates different trial procedures for each level of crimes. The clear separation of misdemeanor and felony demonstrates the division of summary trial procedure and common trial procedure; the clear separation of misdemeanor and minor crimes demonstrates the division of summary trial procedure and speedy trial procedure. For minor crimes which summary trial procedure and speedy trial procedure are all applicable,the speedy trial procedure shall receive priority application. If the speedy trial procedure is not convenient to apply after considering the whole circumstances,the relatively heavy summary trial procedure shall be applied instead. This will establish the correct sequence of the speedy trial procedure and the summary trial procedure.