Minor Criminal Cases Quick Handling Mechanism

With the rapid development of our social economy,the criminal cases occurfrequently,the traditional working mode and existing judicial resources of judicialinstitutions have been unable to cope with,the contradiction between the increasingcases and the fewer investigators surges increasingly.The statistics of Law Yearbookindicate that minor criminal cases occupies the great proportion in the high incidenceof criminal cases.For such cases,if following the previous case handling process,itdoes not conform to the harmonious justice idea advocated at present and thetendency of improving judicial efficiency and saving the resources.It is necessary toestablish the speedy proceeding system of minor criminal cases in order to construct aharmonious society,decrease the waste of judicial resources.The relevant system ofChina is comparatively premature with those foreign countries which have their owndeveloped methods and systems on dealing with the minor criminal cases,such as pleabargaining,the criminal trial in absentia proceedings,criminal reconciliationsystem,penalties command procedures and so on,thus using them for reference andestablishing the speedy proceeding system of minor criminal cases isindispensable.This thesis is trying to explore a speedy proceeding system of minorcriminal cases which based on the situation of China,used the experience of foreigncountries through the value analysis method,historical analysis method andcomparative analysis method.By this way,it not only can quickly conclude minorcriminal cases,alleviate the shortage of judicial resouces,but also put the existingjudicial resources into the important cases in order to reduce the incidence ofgrievance misjudged cases and make justice real.This thesis is divided into five parts,amounting more than30,000words.The firstchapter is made up of two parts,the former part summarizes the definition of minorcriminal cases based on domestic and international,then put forward my ownopioion,the latter part differentiates the similar concepts in order to deal with the relevant cases.The second chapter analyses and concludes rationality of minorcriminal cases in China,which provides the theoretical basis for establishing thespeedy proceeding system of minor criminal cases.The third chapter summarizes thesystem abroad and provides the theoretical and practical basis for establishing thespeedy proceeding system of minor criminal cases.The forth chapter is the status andanlysis in our country to proceed speedily with minor criminal cases,through findingout the problems,then leads to the last chapter.The fifth chapter is the focus of thisthesis.The case of diversion and rapid processing is relatively divided in criminalprocedure in order to select in practice can be more clear in the future.