On The Litigation Procedure Of Minor Offence Case

The demarcation of minor offence and grave crime is the traditional legal system concept of western nation, also in the meantime is our country educational circles accept. At present in the middle of breaking each kind of crime of social public order, the minor offence case occupies a very great comparison, is exactly because the minor offence case occupies a very high comparison in the whole crime, as a result inquiry into minor offence pertaining to crime the usage and pertaining to crime procedure of the policy of development perfect, have important fulfillment meaning.Under the realistic circumstance that economic society high speed development, pertaining to crime crime in great quantities increase originally possessed the demand of criminal case that the minor offence procedure has already can't satisfy to handle a fast growth, our country minor offence pertaining to crime the procedure want to have a right way in the pertaining to crime policy of"two turn very much" especially and"lightly" a policy instruction under take in to reform with heavy Gou.The full text is totally divided into 5.Chapter 1 content and meaning which mainly relates minor offence pertaining to crime procedure.The writer puts forward so-called minor offence pertaining to crime procedure in definitioning the foundation of minor offence concept, mean to aim at its oneself characteristics the litigation procedure of simplification, cheapness, reposition of redundant personnel processing adopt towards bringing into minor offence visual field of each kind of criminal case, covered to investigate, sue, judge, carry out various link.Chapter 2 theories foundation which described minor offence pertaining to crime procedure.Concretely include:The penalty purpose, human rights guarantee, the litigation economy, pertaining to crime policy, penal code Qian suppress and this text treatise concerning minor offence pertaining to crime procedure and standpoint are all provide by above-mentioned theories to prop up.Chapter 3 is horizontal investigation outside the area to the minor offence pertaining to crime procedure.From the progress of pertaining to crime litigation, respectively from investigate, sue, judge, carried out four links to carry on an investigation, carried on to relatively discriminate on this foundation.Chapter 4 is horizontal investigation inside the area to the minor offence pertaining to crime procedure.History origin and development and current realistic condition introduced the pertaining to crime procedure of the our country minor offence after the China republic, found a nation.The minor offence pertaining to crime procedure exists a few problems currently.BE investigate link, custody phenomenon severity, police's power is pre-eminent;BE sue link, sue legal, consider to settle don't sue to atrophy;BE judge link, simple procedure and common procedure simplification to review of apply disregard to think;BE execute criminal link, the captivity rate is high, the community corrects ratio lower.Chapter 5 is in chapter 4 to ask wrong foundation up put forward heavy concretely conceive of the procedure of the Gou our country minor offence pertaining to crime.The first part is a heavy Gou our country minor offence pertaining to crime the necessity of the procedure, the second part be a heavy Gou our country minor offence pertaining to crime the lowest candor of the procedure, voluntarily cop-out and judicatory reviewing, the reposition of redundant personnel lift soon a principle, the third part at draw lessons from foreign country relevant system of in the meantime, well consider the actual condition of our country, put forward concretely conceive of the heavy Gou, mainly include to lower a custody, extend indictment power and lead to reach agreement, set up a pertaining to crime punishment to reply procedure procedure and cop-out and extend community to correct into the pertaining to crime of apply etc. contents.