Study On The Case Diversion Mechanism In Prosecution

In order to alleviate the pressure of dealing with cases, case diversion is often used in the criminal procedure, meanwhile the mechanism is quite different in investigation, prosecution and trial. Accompany with the continuously increasing number of thecriminal cases in china, the study about case diversion has certain practical significance. Especially in the prosecution stage, how to effectively relieve the pressure of the prosecution department , and achieve justice and efficiency outcome has very important practical win-win value. In addition, building up systematic case diversion mechanism is also contribute to perfect our criminal procedure theory and construct reasonable criminal proceeding. So studying this issue also has a strong theoretical significance.This article's main study is the case diversion mechanism in the procedure stage, including three parts, and about three million words.The first part is a summary about the case diversion mechanism in the procedure stage, mainly discusses the concept and the value, meanwhile analyses similar system in aboard. The diversion mechanism in the prosecution stage refers to the prosecutors use their discretion to examine a case, and use different processing to deal with different cases. Some cases will be isolated from ordinary procedure, and take alternative measures or specialized procedures processing which is different from normal procedure, to alleviate the conflict between judicial resources and litigation needs, maximization justice and efficiency. For in-depth elaborated this mechanism, this paper analyzes this mechanism from four aspects include: adjust the contradictory between justice and efficiency ;the purpose of criminal procedure law; punishment and individuality of penalty, meanwhile analyze the relevant foreign system including Germany's deferred prosecution system, America's plea bargaining system etc.The second part is to examine current situation, and analyze several typical cases in practice, mainly including the introduction of plea bargaining, slightly criminal case rapid processing mechanism, etc. Obviously, many diversion measures already exists in the stage of prosecution , and also provide empirical information for theoretical study. But due to a variety of factors, there are still some problems existed.The third part is some suggestions about this mechanism, and also the core and innovative points in this paper. The author thinks that the diversion measures in prosecution stage aren't suitable, therefore, it is necessary to establish a complete systematic mechanism, in the premise of formulating complete and unified regulations , regulate specific standards, insist on the principles of litigation justice, litigation timely and procuratorial neutral. Specifically, including perfecting the system of prosecution and criminal case rapidly processing mechanism, carrying out the suitable plea consultation system and criminal reconciliation. In the end, proposes some security mechanism, including reasonable diversion form, transform internal assessment, the evidence exhibiting system, etc.