On Slow Lawsuit System's Setting Up And Practical Operation

At present, our country is in an economic and social structure and social transformation period, the contradiction of criminal cases, has climbed, and a growing number of corresponding criminal judicial resources are limited. How to reasonable allocation through judicial resources, in a case in accordance with the premise of creating new case-handling mode for maximum obtain good legal and social effect, avoid simple punishment has adverse consequences, which is highly concerned over judicial organs. Especially in the early this year of central political political work put forward further promoting the social contradictions dissolve, social management innovation and fair enforcement of three key honest work, CaoJianMing procurator-general of the supreme people's procuratorate is the procuratorial organs full functions, advancing the three key work puts forward concrete Suggestions, which is the key to mention conditional not to prosecute system reform measures.According to the special needs of prevention, all in continuously grope for more realistic inhibit crime new concepts, new approaches. "Or" slight the criminal policy of tempering justice with mercy in the world are in different degrees recognized and embodied in judicial and legislative. According to the current situation and the criminal of promoting the criminal policy of tempering justice with mercy, if choose feasible measures and ways and formation mechanism of further exploration work or legal system, not only can make the criminal policy fully implement, still can effectively prevent and eliminate optional justice.UN about the role of public procurators, according to the provisions in article 18 of criterion, prosecutors in state laws should be fully respect the rights XianYiZhe victims and on the basis of appropriate consideration, conditional exempt from prosecution or unconditionally to some extent or discontinue the action of criminal cases from formal to turn the judicial system by other. For this purpose, countries should be fully discussed the possibility to use the criminal court, aim is not only reduce the burden of overweight, but also avoid pre-trial detention, prosecution and the stigma and avoid imprisonment may bring adverse consequences. China's judicial personnel in Chinese criminal judicial reform, should also explore the criterion as a reference, and slow lawsuit system is a standard practice of "outside the prosecution. In our country's criminal procedure law has not stipulated lawsuit system of slow, from the current situation of the society and the country criminal policy requirement, try to set up and the necessity of the lawsuit system makes a preliminary analysis of the lawsuit system, and from the slow applicable scope, procedures, operating conditions attached, supervision and relief of such practice slowly lawsuit system discussed.