| In past 20 years, with the adoption of increasing positive attitude towards criminal legislation, the drastic increase in the number of amendments to the Criminal Law, and the constantly growing number of criminal cases, caseload becomes an increasingly prominent problem in the criminal justice system in China. To solve the problem, the pilot program of criminal fast-track adjudication procedure and the system of leniency on admission of guilty and acceptance of punishment were introduced. As far as internal logic is concerned, there are objective and subjective bases for treating leniently defendants who plead guilty and accept punishment; and as far as the institutional value is concerned, the application of summary procedure and fast-track procedure is to be justified by admission of guilty or acceptance of punishment on the part of the defendant whereas the defendant, in order to admit guilty or accept punishment, needs to be motivated by lenient treatment. With the implementation of the pilot program, there has emerged a system of three-level simplification of criminal procedure, namely "ordinary trial procedure-summary procedure-fast-track procedure". However, there are still many problems in this system:there is no effective control over the total volume of cases flowing into trial; the degree of differentiation between the three trial procedures is not adequate; and the rate of application of summary procedure and fast-track procedure are low. In order to improve the system, effective pretrial diversion mechanisms should be established to control the total volume of cases entering into trial procedure, negotiation procedure should be introduced and fast-track procedures should be reformed to increase the differentiation between the three levels of trial procedures and make them more target specific, and procedural encouragement mechanism should also be introduced. |
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