On The Prosecution Stage Procedure For Triage Mechanism

The public prosecution stage procedural diversion is prosecuting authority says in the criminal procedure and prosecution stage, is in the proper manner to part of the cases,impose a penalty to deal with sexual punishment, no longer submitted to the court system. In criminal lawsuit, if all criminal cases must be solved by ordinary trial procedure, then it is extremely wasting judicial resources. According to the rising crime rate, world limited judicial resources are facing huge pressure, therefore world began to explore the program to seek procedural diversion mechanism, compared with ordinary criminal procedure of efficient approach to constitute a crime cases to make proper treatment. The prosecution stage program procedural diversion mechanism in western law developed country has already developed into a more mature criminal litigation system, but in our country's legislation and judicial practice the system of regulations and application, there is less. According to China's current situation, to establish and perfect the criminal prosecution stage program in procedural diversion mechanism, expand prosecutors'discretion is very necessary.The public prosecution procedural diversion mechanism in a criminal suit is an important diversion mechanism, the research procedure is of great theoretical and practical significance. This paper attempts to through the prosecution stage program concept, formation and procedural diversion theory basis, the development process, analyze, and through to the United States, Britain, Germany, Japan and Taiwan program procedural diversion mechanism on the basis of the analysis of research in our country, how building with the situation of China, law of affection prosecution stage program, in order to have certain significance to construct procedural diversion mechanism.This paper is divided into six parts,its main contents are as follows:The first part defines procedural diversion and public prosecution procedural diversion, and have a review of the establishment and the development of the procedural diversion program.The second part is the main countries of two important legal systems procedural diversion mechanism of public prosecution stage program review.The third part is to implement procedures of prosecution stage study procedural diversion meaning. The fourth part is the theories research of the public prosecution stage procedural diversion mechanism. The fifth part is to our country public prosecution stage program of practice and the procedural diversion mechanism problems are analyzed. The sixth part is to construct our prosecution stage program analysis and investigation procedural diversion mechanism.