Research On The Mechanism Of Rapid Treatment Of Minor Criminal Cases

With the rapid development of society and economy, high frequency of criminal cases is followed, but traditional case handling model of judicial organs and existing case handling force are insufficient to cope with and digest. A good many criminal long-pending cases and the problem of judicial organs with a good many cases but insufficient staff are increasingly prominent. In the criminal cases with high frequency, the number of minor criminal cases constitutes a great proportion, which is eager for judicial practitioners to explore a new approach to have minor criminal cases handled rapidly, so as to efficiently relieve the pressure of case handling of criminal cases. On the basis of this background, the mechanism of rapid treatment of minor criminal cases seems ready to come out. The mechanism of rapid treatment of minor criminal cases refers to a set of methods or systems in which judicial organs, by predestinate procedures, rapidly and neatly deal with criminal cases with little harm to the society and light circumstance of the crime. At present, the implementation and prosecution of the mechanism of rapid treatment of minor criminal cases reflects economical principle of criminal procedures, highlights dual missions of criminal procedures, realizes the objectives and effects of criminal punishment and implements the criminal judicial policy of temper justice with mercy. The actual functions and system advantages of the mechanism of rapid treatment of minor criminal cases are obvious, but it is undeniable that whether theoretical research or practical exploration of the mechanism of rapid treatment of minor criminal cases in China is still at the initials stage, and the exploration of theoretical base and implementation of the mechanism and realization of achievements need a stage of exploration. On February 2, 2007, the Supreme People's Procuratorate promulgated the Opinions on Rapid Treatment of Minor Criminal Cases in Accordance with Law (hereinafter referred to as the"opinions"), which took a lead in introducing work way of rapid treatment of minor criminal cases to procuratorial organs and local procuratorial organs also promulgated relevant specific provisions to have the mechanism implemented in succession, but since the Opinions are solely promulgated by the Supreme People's Procuratorate, which are centered on the functions and duties of procuratorial organs, little relating to the fashion of rapid treatment of minor criminal cases by public security organs and judicial organs, resulting in lack of connection between an overall layout and its links in investigation, prosecution upon examination and trial related to the mechanism of rapid treatment. The author, from the perspective of a chief procurator who handles minor criminal cases, begins with the concept of minor criminal cases, defines the applicable range of the mechanism of rapid treatment and by analysis of legitimacy base of the mechanism of rapid treatment of minor criminal cases, offers theoretical support for the promulgation of the mechanism; in the meantime, in combination with research status quo and practice status quo of the mechanism of rapid treatment of minor criminal cases in present China, and by reference to relevant provisions on rapid treatment of minor criminal case in foreign countries, focuses on the analysis of relevant case handling data subsequent to the Provisions of Ruian People's Procuratorate on Rapid Treatment of Minor Criminal Cases promulgated on April 25, 2007 by Ruian people's Procuratorate where the author is located, concludes the problems of the mechanism of rapid treatment of minor criminal cases in investigation, prosecution upon examination and trial and further puts forward the measures for the construction and improvement of the mechanism.