Abstract:
In recent years, Chinese criminal justice system has gradually established a gradient simplified criminal procedure system, and it appears a distinct "stepped construction". The construction premise of the “stepped construction” criminal procedure system is that the proof difficulty varies in different cases. The gradient simplified criminal procedure system can just divert criminal cases with different proof difficulties and can guarantee the same proof standard for all cases at the same time. According to the statistics of judicial practice, due to the limitation of the scope and effect of simplification of criminal procedure, although the degree of simplification of general procedure, summary procedure and fast-track trail procedure is increasing, the ability of ending criminal cases of the three procedures is decreasing in turn, which indicates a significant reason why judicial resources in China have not been rationally and optimally allocated. There are two solutions to reform the limitation of the scope and effect of simplification of criminal procedure, one is to extend the scope of simplification to the pre-trial stage of criminal proceedings, and the other is to establish a more flexible negotiation mechanism for prosecution and defense.