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自 1 997年 1月 1日实施修改后的刑事诉讼法确定刑事诉讼简易程序后 ,如何简化刑事诉讼审判程序成为相当“热点”的问题 ,刑事案件简化审被评价为是对现有审判方式所作的进一步改革。本文认为 :简化诉讼程序并非是我国审判方式改革所要解决的主要问题。研究及肯定简化审程序中应有的司法理念问题 ,其意义在于可为创建我国司法审判主流模式取得突破性发展积聚经验。本文还就与简化审相关问题发表意见 ,如普通程序简化审法律属性准确定位、保障简化审中控辩双方诉讼权利、简化审中控辩双方诉讼权利、简化审案件对被告人可否在法定刑幅度内酌情从轻处罚的“审被交易”、简化审案件的当庭宣判、以及“简化”与“细化”的辨证关系等。
Since January 1, 1997, after the implementation of the revised Criminal Procedure Law to determine the summary procedure of criminal procedure, how to simplify the procedure of criminal procedure has become a rather “hot” issue. The simplified trial of criminal cases was evaluated as a result of the existing trial methods Further reform. This article argues that simplifying the procedure of proceedings is not the main issue to be solved in the reform of our trial methods. The significance of studying and affirming the judicial concept that should be due to the simplified trial is that it can accumulate experience for the breakthrough development in establishing the mainstream mode of judicial adjudication in our country. This article also comments on the issue of simplifying the examination of the relevant issues, such as the ordinary procedure of streamlining the accurate determination of the legal attribute of the trial, safeguarding the procedural rights of both prosecution and defense in simplifying the trial, simplifying the procedural rights of both the prosecution and the defense in trial, As soon as possible, “trial deals”, which are lighter penalties, as appropriate, are simplified in court, and sentencing decisions in court are simplified, and the dialectical relationship between “simplification” and “refinement” is simplified.