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2012年刑事诉讼法修正案修改了简易程序制度,扩大了它的适用范围,这有利于优化司法资源配置。但新法没有赋予适用简易程序的被告人获得减刑的权利,这不仅不利于保护被告人的人权,而且会阻碍简易程序的普及。宽严相济的刑事政策是我国的基本刑事政策,以它为指导,适用简易程序,将酌定量刑情节作为对被告人减轻刑罚的现有法律依据,以被告人良好的认罪态度为事实根据,有利于保护被告人的人权,充分发挥简易程序的优势。
The amendments to the 2012 Criminal Procedure Law amended the summary procedure system and expanded its scope of application, which is conducive to optimizing the allocation of judicial resources. However, the new law did not give the accused a summary procedure the right to a reduction of sentence, which not only detrimental to the protection of the defendant’s human rights but also hindered the popularization of summary proceedings. The criminal policy of temper justice with mercy is the basic criminal policy of our country. Guided by it, the summary procedure is applied. Taking the discretionary circumstances of sentencing as the existing legal basis for reducing the penalties for defendants and based on the fact that the accused’s attitude of good guilty pleas is that Which will help to protect the human rights of the accused and give full play to the advantages of summary procedure.