Criminal Procedure Division

The diversion of criminal proceedings is an important system which sprang up in the end of last century. Its life originated from human's ancient speculation on function of criminal law and control power of nation, but it was in the recent decades that it formed into a system and was practiced in large scale. The diversion of criminal proceedings in broad sense includes both the system of filtering out criminal cases from criminal procedure and the system of applying complicated or simple procedures to different cases to avoid using formal judicial procedure without exception. The latter is familiar to people because of the wide application of criminal summary procedure. While the former has more important structural impact on criminal procedure because it treats criminal cases non-criminally to exclude certain cases from formal trial, and it includes more complicated contents, so it is becoming an important theoretical topic gradually entering people's horizon.The thought of the diversion of criminal proceedings has spread widely all over the world. The reason leading to this trend is complex, while the mostly principle elements lie in the deep rethinking on the function of criminal penalty, the basic regulation on criminal legal objects, the reexamination on the single national standard judicature, and the unprecedented concern about the efficiency of action. As to the question about the function of criminal penalty, the traditional theory of retribution is facing up with unprecedented suspect and question and strong challenge prom the theory of purpose. As the pattern of criminal liability, criminal penalty no longer has natural justification. People begin to rethink the traditional idea that all crimes must be punished for the purpose of rectifying crimes. As to the question about the criminal legal object, the convicts but not the crimes became the problem that criminal judicial organization has to face up with. The traditional criminal judicature has a chronic illness that it concerns only crimes and neglects criminals, so it can only ensure an objective external justice of same treatments to same actions and suiting punishments to crimes, but can't fully reflect the criminals' all kinds of complex subjective elements to make the application of criminal law the most appropriate crime controlling method. Accordingly, the individualization of criminal law because of the focus of people's concern. The national standard trend of traditional criminal judicature leads to criminals' limited participation in contentious procedure, especially that the criminal can't take an active part in the choice of procedure.The diversion system established the procedure-choosing mode of making defendant's admission of guilt, the main transforming pivot. The concern of procedural efficiency is the critical realistic foundation of diversion. In company with the modernization of economy and society, the amount of crimes is arising amazingly while the judiciary resource can't increase correspondingly. So it is impossible for the wide application of formed judicial procedure, and the action efficiency becomes the unavoidable practical problem. Only the diversion system can make the criminal judicial organization remain the basic ability to treat the crimes and avoid the phenomenon that the state has no capacity to prosecute all crimes, only standing by toward all kinds of crimes and simplifying the formal judicial procedure.The diversion of criminal procedure has been widely applied in many advanced legal states. In summary, the characteristics of the diversion practice of western countries are as follow: firstly, the diversion is no longer the unique, even the main procedure mode. Secondly, the diversion is applied in the procedure stages, even covers the whole criminal procedure, ie form the substitutive measure for the early execution mode to the diversion of the complicated trial procedure and the simple one, then to the multitudinous application in pre-trial stage. Thirdly, the concepts of prosecution policy and...