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对被告人认罪审程序的探讨始终伴随着“公正”与“效率”两大司法理念的博弈与权衡。本文通过对被告人认罪审程序演进过程的探讨,进而论证作为“诉讼爆炸”时代应运而生的刑事速裁程序,应当是以“诉讼效益”为先导,体现合作性司法理念的轻微案件快速处理机制。在当下纠结于刑事速裁程序的存废问题显然没有任何实践意义,而如何实现程序的自我修正与完善,使其更加适应司法实践需要、保持自身旺盛的生命力和持久的活力,才是本文的立意所在。
The discussion on the procedure of confession trial of defendants is always accompanied by the game and trade-off of the two judicial concepts of “justice” and “efficiency”. Through the discussion of the process of evading plea-guilty plea in the defendant, this article proves that the speed-punishing procedure of criminal prosecution, which came into being in the age of “litigation explosion”, should be guided by “litigation benefit” and embody the concept of cooperative justice Slight case rapid processing mechanism. It is obviously no practical significance to tangle the question of the exiting and abolishing of the criminal speed-punish procedure in the moment, and how to realize the self-correction and perfection of the procedure to make it adapt more to the need of judicial practice and to maintain its strong vitality and long- Conception.