The Study On The Non-trial Mode Of Criminal Case Processing

Along with the establishment and dissemination of the Western legal system in the 18th century, the trial, as a rational mode of the human society to deal with dissensions, has since then represented civilization at a higher rank. Particularly in the criminal domain, trials have been dominating during case processing. However, the transformation of the social structure and the state function in the 19th century has led to that in many countries only minority of the crime cases were practically processed in reliance of trails. Undoubtedly in different countries, non-trial mode of processing criminal cases adopts various types, procedures and significances in the legal system. Additionally, the value orientations and purposes of these processing modes have been hugely different across countries as well. In this work the necessity of establishing non-trial case processing in China was examined, with a theoretical frame of constructing such a multi-dimensional criminal case processing system cored by trials subsequently proposed, based on the discussion on the legislation and practiceness of non-trial case processing in representative and typical countries with two types of jurisprudences and the analysis on the legislation and practiceness of non-trial case processing in China.The main body of this article falls into five sections:The first section briefly categorized the non-trial way of case processing in terms of the principal part during criminal case processing, sanction of final judgment, nature of such a case processing mode, its maturity and position in the Chinese legal system and relationship with judgment. The categorization provides basic information of non-trial criminal case processing to the reader. The section following contains a detailed analysis of the legislation and practiceness of non-trial criminal case processing in typical countries with two different types of jurisprudences, based on which the discrepancy between the two during practical operation of non-trail case processing was theoretically discussed. The second section is fundamental to this paper, since it is the practiceness of the non-trial criminal case processing in these countries that provides the experiences to be extracted in later construction of the non-trial case criminal case processing in our country. The succeeding part then analyzed the legislation and practiceness of non-trial criminal case processing in China, emphasizing on criminal case interceding, administrative management of cases and the utilization of labor reformation, as well as the legislation and current situation of non-indictment and vindication business. The discrepancy between legislation requirement and current status was identified and certain attemptation to legislation verified.Consequently in the forth section the necessity of setting-up non-trial case processing in China was studied and recognized through a series of investigations on the transformation of social structure and state function, the predicament of both victims and defendants in the criminal judicature system as well as the predicament of the judicature department.The section closing out suggested a principal layout of constructing such a previously examined non-trial mode of criminal case processing in China with emphasis on the principle, objective, and timeline of institutional establishment. Concretely meanwhile the set-up in terms of the completion of criminal case interceding system, administration regulation and quasi-judicial measures was suggested. Finally a tentative plan of verdiction exertion of the procuratorate department was proposed.