On The Division Mechanism In Criminal Procedure

The division mechanism in criminal procedure is a kind of litigation system that allow certain criminal cases be solved in a suitable non-penalty way during detection and litigation procedure rather than be tried in the court, or allow the cases be solved in an even simplified procedure than ordinary one.In criminal procedure, the ordinary trail procedure basing on fair spirit is a high cost activity. If all criminal cases must be tried through ordinary procedure, the ordinary procedure will be over-burdened. Therefore, it is necessary to build division mechanism in criminal procedure. Generally speaking, division mechanism apply to:(1) cases with slight nature;(2) cases that are simple;(3) cases that two sides can reach a certain agreement;(4) cases with special subjects. According to the procedural phase, it can be divided into pre-trial division and trial division.The division mechanism in criminal procedure bases on theory of humanism, pragmatism and of non-penalty. It has many important functions such as to save judicial resources and enhance the productivity of criminal procedure, to promote judicial justice, to realize the balance between tight and loose criminal policy, to prevent criminal affairs effectively and to protect the human right of both defendants and victims. With the development of criminal procedure, the division mechanism takes up an increasingly important part in it. Countries like USA, UK, Germany and Japan had already set up effective division mechanisms in the detective procedure and therefore formed three basic styles. In prosecution procedure, those countries established division mechanisms as well, which, although the concrete designs differ from each other, mainly demonstrate as two basic forms, that is exemption from prosecution and suspension of prosecution. The trial proceedings at the same time were equipped with various kinds of simplified procedures, so that the criminal cases could be effectively divided before trial. In China, since we mix the formal and substance way to define criminals, the application dimension and scale of division mechanism were largely limited. However, this shouldn't prevent us from admitting the importance of the mechanism. Up till now, there does have some regulations embody the spirit of the division, despite that they are in need of perfection.Firstly, since the lack of division mechanism in detective procedure had leaded to lots of negative results, it is necessary to constitute division mechanism in detective procedure. Secondly, in prosecution procedure, we already have had the system of exemption from prosecution. However, the form of division mechanism is too simple. Furthermore, there is a lot of problems in the design and application of exemption from prosecution. Therefore, on one hand, it is necessary to institute suspension of prosecution, on the other hand, it is necessary to improve and perfect exemption from prosecution. Thirdly, in trial procedure, though there have already been two forms of summary procedure in our country, there are a lot of problems in division mechanism in trial procedure. Therefore, we must perfect it from different points of views.The division mechanism is an important system in criminal procedure. To study on it is not only of great theoretic significance but also of great practical significance. The thesis mainly exercises the methods of compare, logic reasoning and rational analysis to discuss this subject. In this thesis, I hope my research will be helpful to:(1) the definition of division mechanism and the necessity of instituting it in criminal procedure;(2) the idea basis of division mechanism in criminal procedure;(3) the institution and application of it in other countries;(4) the analysis of division mechanism in criminal procedure in China. After analysis, I try to put forward some constructive suggestions.