Research On The Issue Of Cumulating And Splitting Criminal Cases

It is a common phenomenon if a criminal case needs to be cumulated or split in judicial practice, which aims to protect the procedure rights of certain client and meet the require of law suit convenience. At the same time, it also has influence on procedural and subjective issues such as application of law, use of evidence, adjudgement of penalty, the limitation of time and also the judicial administration. So we can say this issue shows the contradiction and unity of efficiency and justice in criminal actions, and also shows the contradiction and coordination between protecting the rights of client and the pursuit of efficiency in lawsuit. However, the theoretical research on cumulating and splitting criminal cases is still not enough. And the relatives terms spreads in many different laws. From analyzing the legal and judicial state, this article tries to tell us the conception and classification of cumulating and splitting criminal cases, analyze the limitation of existing laws and shows the purport of cumulating and splitting criminal cases. On this basis, the writer makes thoughts on the establishment and promotion of the system of cumulating and splitting criminal cases. From the angle of changing of legal opinion, equity of justice and efficiency, this article shows us the basic opinion that cumulating and splitting criminal cases should have. It also gives us the specific opinion of parting phase, economical lawsuit, timely and efficiency. And on the basis of referring to law making of other countries, this article puts off the subjective and procedural elements when cumulating and splitting criminal cases should have combining the judicial practice. According to the condition of cumulating and splitting criminal cases, which has the character of crossing and changing, this article mainly uses manner of principle with exception to discuss subjective conditions and procedural conditions. The former puts more emphasis on cumulating cases but the latter on splitting cases. When thinking about the rule of cumulating and splitting criminal cases, this article gives specific conception on the common character, special dealing rules, conflicting and adjusting rules and believing of evidence of this rule from different aspects such as jurisdiction, judicial organization, term of case, benefits, judicial expedience, rule of evidence and so on. Thus, this article further puts off the program designing of cumulating and splitting criminal cases, which tries to design the program of the determination, foretell and disagreement fairly from the angle of protecting the legal rights of litigant participant. So this article design the subjects, objects, manners, term, contents, extents, attentive events and effects to use the program. Besides, according to the speciality of cumulating and splitting criminal cases, this article also design relative programs on controlling of cumulating cases, order of splitting cases, agency by agreement and dealing with boodle. All above, this article gives its conception and suggestion of judicial procedure and conducting rules to deal with relative problems in cumulating and splitting criminal cases fairly and effectively.