Study For The Procuratorial Organs Dealing With Minor Criminal Case Mechanism

With the increasing number of criminal cases, the procuratorial organs investigators are shortage with increasingly growing number of criminal case. In order to solve this problem, enhance the efficiency of lawsuit, saves judicial resources, resolve conflicts and maintain the social harmony and stability , The supreme people's procuratorate required each local people's procuratorate shall establish minor criminal cases working mechanism according to local fact. This mechanism is implemented more than three years, and has made great progress, but also has some problems, this article is from the perspective of procuratorial organs, and for improving the working mechanism of criminal cases. This paper, besides the introduction and conclusion mainly divided into four parts:The first part: the author firstly from minor criminal cases, expounds the connotation of the essence of minor criminal cases, affirmation and negative, and proposed in this foundation the minor criminal cases working mechanism: The procuratorial organs, in order to make efficiency, guarantee of human rights, keep social order, for minor criminal case, following the legal procedure and time limit and ensuring the quality, simplified workflow, shorten the working process. And the mechanism of theory value and practical value are analyzed.The second part: Germany law and France law, belongs to the continental law system, Britain and the United States of Anglo-American law system about the relevant minor criminal cases were briefly introduced, and points out the several common elements: the defendants are required to agree simplifying the program, emphasize on simplifying the program and the document, and the procuratorial organs have discretion. The difference is: the victim's opinion on simplifying procedures, Simplifying procedures at different levels, special procedure is designed, the procuratorial organs under supervision, the requirements of case.The third part: The author first introduce shanghai procuratorial organ dealing with minor criminal cases working mechanism, and points out that it has made great achievements in aspects of the efficiency of lawsuit and case quality, etc. While reveals that the mechanism in starting the program, dealing with cases, program participation, procedure exits, and program relief.Part four: the author firstly points out several principles of the procuratorial organs dealing with minor criminal cases working mechanism: procedural justice, human rights protection, lawsuit efficiency and power restriction. Then respectively from case-handling subject and case-handling term, starting the program, program modification, routine exits, program relief total ten aspects put forward concrete improvement Suggestions.